STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992i
Speaker Mcpike: lThe House will come to order. The Chaplain for ;
today is Father Michael Mullink of the Cathedral of the
Immaculate Conception in Springfield, Illinois. Father I' (
Michael is the guest of Representative Hasara. The guests
in the balcony may wish to rise and join us for theI
invocation this morning.''
Father Michael Mullink: ''Lets join together in praying for theI
Lord's richest blessings on the Members of this Assembly !
. who are devoted to helping and to being responsive to the
needs of our brothers and sisters. God, we stand before i
You conscious of a1l that You have given us. We gather in
Your name. Come to us this day, remain with us and
enlighten our hearts. Give us light and strength to know 2
Your will, to make it our own, and to live it in our lives.
Guide us with wisdom, support us with Your power, for You' are our God. You share Your glory with us. You desire
:
justice for all people. Enable us to uphold the rights ofothers. Never allow us to be misled or corrupted. We
thank You for Your many qifts, and we praise You this day.
We ask Your richest blessings to come upon us now and
always, forever and ever. AmenoH
Speaker Mcpike: ''We'll be led in the Pledge of Alleqiance by the
Minority Leader, Lee Daniels.'' :
Daniels - et a1: ''I pledge allegiance to the flag of the United
States of America, and to the Republic for which it stands, j
one nation under God, indivisible, with liberty and justicefor all.1'
Speaker Mcpike: ''Rol1 Call for Attendance. RepresentativeI
Matijevicho''
Matijevich: ''Mr. Speaker, on this side of the aisle Dick Mulcahey!
is excused due to illness. He'll be back next Wêek. and I
everything is going fine with him.''
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STATE OF ILLINOIS87th GENERAL ASSEM3LYHOUSE OF REPRESENTATIVESTRANSCRIPTTON DEBATE
140th Legislative Day MaX l2# 1992
Speaker Mcpike: ''And Representative Brunsvold. Representative
Kub i k . ''(
Rubik) ''Yes. Thank you, Mr. Speaker. The Republicans are al1
present today.''
Speaker Mcpike: 'Thank you. Mr. Clerk, take the roll. One !' I
ing Roll call, a quorum is 1hundred-seventeen Members answerpresent. Representative Daniels, in the Chair.''
!Daniels: ''Mr. Clerk, would you read House Joint Resolution #107:
please.e IClerk McLennandl ''House Joint Resolution 4107, offered by
iRepresentative Daniels. WHEREAS, the U.S. Railroad
IRettrement Board administers a system of retirement.
!survivor, unemployment, and sickness benefits for railroad I
employees and their families; and WHEREAS, since the I'
Board's inception in the 1930's, benefits of more than $130:
billion havp been paid to nearly 5 million beneficiariesl
and WHEREAS, more than 870,000 beneficiaries currently. !
receive every year benefits of approximately $7.6 million;
and WHEREAS, the U.S. Railroad Retirement Board is the only i
1tederal agency headquartered in Chicago, lllinois; and. I
WHEREAS, the Board headquartered, at 814 North Rush Street, 11oversees about 1,600 employees in a network of field
offices around the country; and WHEREAS, the Board operates jlocal offices in the Illinois communities of Chicago, jDecatur, Joliet and Rock Island; and WHEREAS, the current l
goard is composed of Glen L. Bover, a former member of the
Illinois General Assembly, Management Member Andrew F.
Reardon, a former Executive with the Illinois Central
Railroad; and Labor Member Charles J. Chamberlainp a long
time railroad employee and union official; and WHEREAS, the 1I
Board's headquarters moved in April, 1942 from Washington.
D.C.. to Chicago, as the war effort created a shortage of
!
2
STATE OF ILLINOIS' 87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day Mag l2, 1992 '
office space in the capital; and WHEREAS: the U.S. Railroad
Retirement Board is currently observinq its 50th
anniversary of being headquarter in Chicago; NOW THEREFORE
AE IT RESOLVED BY THE HOUSE OF REPRESEHTATIVES OF THE 87TH 1GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that We. 1congratulate the D.S. Railroad Retirement Board on the '
occasion of its 50th anniversary of being in Chicago; and j!
be it iurther RESOLVED that the lllinois General Assembly!
commend the Board and its staff on its long and 1!
distinguished record of service to rail employees and their' !
families; and be it turther RESOLVED that suitable copies
of this resolution be presented to the Board adopted by the
House of Representatives on April 7, 1992.''' 1Daniels: ''Members of the House we are indeed pleased and
privileged to have with us today a former Member of the
Illinois House, Glen L. Bower, who served as a
Representative in this General Assembly irom 1979 to 1983.
NoW let me tell you as Chairman of the Railroad Retirement
Board an individual that has 1,600 employees under his
auspices, many of you may not know, but this is the highest
tederal appointment outside of Washington D.C. in the
executive branch. Glen Bower holds that august and
distinguished position. We are very proud of him. We're
proud to welcome him back to the Illinois General Assembly
and proud to honor him and the Railroad Retirement Board
with the Resolution, House Joint Resolution 4107 which
passed on April 7, 1992. Would you join me welcomin: backour distinguished colleague, Glen Bower, Chairman of the
Railroad Retirement Board?''
Bower; ''Thank you. Mr. Speaker, Mr. Minority Leader, Members of
khê House of Representatives, it has been nine and a half
years since I have been a Member of thts Body, but it...I
3
iSTATE OF ILLINOIS
87th GSNERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
learned many lessons in this chamber that have served me
well in my position. When I left, the state budqet of
Illinois was approximately 15 billion dollars...the budget
of the Railroad Retirement Board, in terms of what we pay
out in benefits, which in the whole scheme of the federal
government is a small agency, is over 10 billion dollars
with in investments of 11 billion dollars. As the
Resolution indicated, between April and June of 1942 the
board moved to Chicago in order to free up office space in
Washington in order to accommodate the war effort. If any
of you are in Chicago, I invite you to drop past our
headquarters. It is one of only four agencies
headquartered outside of Washington and the only one
headquartered in Illinois. We're one block due west ol the
John Hancock Building. Than'k you very much.''
Speaker Mcpike: 'fspectal Order: Government Administration.
Second Reading. It's in...chair's intent...lt's the
Chair's intent to go to Second Readings, now. We will go
through all of Second Readings, and we will not return to
Second Reading today. We will not return to Second
Readings. House Bill 2677, Representative Homer. Out of
the record. Mr. Lang, you have three Bills. Out of the
record. Representative Hasara, 2809. Out of the record.
Representative Currie, 2953. Ms. Currie. Out of the
record. Representative Lang, 2986. Representative Keane:
3150. Representative Curran, 3227. Representative
Matijevich, 3561. Representative Keane, 3594.Representative Giorgi. Representative Giorgl/ 3606.
Representative Lang. Agriculture and Environment. Second
Reading. Representative Parcells, 1042. Representative
Parcells. Read the Bill, Mr. Clerk.''
clerk O'Brien: ''House 5ill 1012, a 5ill for an Act to prohibit
4
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTIOH DEBATE
140th Legislative Day May 12: 1992
the use of live animals in certain irritancy tests of
cosmetics or household products. Second Reading of the
Bill. No Committee Amendments.''
Speaker Mcpike: ''Any Motions? Any Floor Amendments?''
Clerk O'Brien: ''No Motions. No Floor Amendments.l
Speaker Mcpike: ''Third Reading. Representative Hoffman, 2567.
Jay Hoffman. 0ut of the record. Mr. Novak.
Representative Novak. Representative Jay Hoffman, 3039.
Representative Matijevich, 3065. Read the Bill, Mr.
Clerk.''
Clerk O'Brien: ''House Bill 3265, a Bill for an Act regarding
animals. Second Reading of the Bill. Amendment 41 was
adopted in committeee''
Speaker Mcpike: ''Any Motions?''
Clerk O'Brien: ''No Motions filed.''
Speaker Mcpike: l'Any Floor Amendments?''
Clerk o'Brien: ''Floor Amendment #2, offered by Representative
Ma t i j e v i c h . ''
Speaker Mcpike: ffRepresentative Matijevich.''
Matijevich: 'L ..speaker, Ladies and Gentlemen of the House. TheCommittee Amendment #1 changed the Bill where it now is
strictly a check-off 3i11 on your income tax for animal
control, and Amendment 42 was drafted by the Department of
Agriculture regarding their concerns about distribution of
the iunds, so, is still merely a check-off Bill on the
income tax, and I would move for the adoption of Amendment
#2.H
Speaker Mcpike: ''Representative Black, on the Amendmento''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Mcpike: rrYes.''
Black: ''Representative, just a very quick question. When you
5
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSB OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
say, and : think this is a good idea, but when you say it's
goin: to be distributed to the counties' animal control iIfund, will it be distributed on a per capita, or based on
how much...the people in that county...''
Matijevich: ''No, it will be on a per capita. That's the way tbeagency wanted it, and that's the way it's drafted.''
Black: ''Okay.''
Speaker Mcpike: ''Question is, 'Shall Amendment #2 be adopted?'
A1l in favor say,faye' opposed, 'no.' The layesf have it,
and the Amendment is adopted. Furthe Amendments?''
Clerk O'Brien: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. Government Administration.
Bouse Bill 3150, Representative Keane. Read the Bill, Mr.
Clerk.''
Clerk O'Brien: nHouse Bill 3150, a Bill for an Act to amend the
Illinois Municipal Code. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, oiiered by Representative
Keane.''
S ker Mcpike: ''Representative Keane, X mendment #1. Is itpea
printed? Mr. Clerk, is the Amendment printed? The
Amendment's not printed. Mr. Keane, What do Wish to do?
Take it out of the record. Mr. Keane, on 3594. Read the
Bill, Mr. Clerk.''
Clerk O'Brlen: ''House Bill 3594, a Bill ior an Act to amend the
Hotel Operators' Occupation Tax Act. Second Reading of the
Bill. Amendment #1 was adopted in committee.r'
Speaker Mcpike: ''Any Motions?''
Clerk O'Brien: ''No Motions filed.''
Speaker Mcpike: ''Any Floor Amendments?l'I
'Brien: ''Floor Amendment 42.'' lClerk O
6
STATE OF ILLINOIS87th GEHERAL ASSEMBLYHOUSE OF RBPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May.l2, 1992 !
Speaker Mcpike: '':s it printed? Yes.''
clerk O'Brien: ''Offered by Representative Daniels and Kubik.''
Speaker Mcpike: ''Representative Kubik. Amendment 42.11
Kubik: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. What Amendment 42 does is that it allows !
municipalities to spend the revenue that is raised by local
hotel and motel taxes in ways other than just on tourism,!
so it would give more jlexibility to local communities in' !usin: these revenues, and : would move for the adoption of
the Amendment.'' !
Speaker Mcpike: ''Representative Keane.''
Keane: '' Thank you, would the Gentleman yield?'' :
Speaker Mcpike: ''Yes.'1
Keane: ''What is the...? Can you repeat the purpose of your '
Amendment?''
Rubik: ''Yes, Representative. essentially what the Amendment does E
is it allows local municipalities to use hotel: motel taxes!for means other than just tourism. Right now it's limited
to when you have a hotel, motel tax...it's limited to beingi
used just for tourism. This would allow them to localmunicipalities to use it in any way they wish and give them .
a little more flexibility in the use of their money.''
Keane: ''Was a similar Bill defeated in Revenue Committee?'' '
Kubik: ''I believe the Bill was...lt didn't have enough votes to
:et out.''
Keane: ''I believe...l believe your...this Amendment has already
been defeated in House Revenue Committee, and I would ask
my colleagues to vote 'no' and defeat lt once again.''
Speaker Mcpike: ''Representative Kubik, to closeo''
Kubik: ''As I...Thank you, Mr. Speaker, Ladies and Gentlemen of
the House . I recogn ize that the Gentleman i s opposed to
the Bi 11 . I would point out that the
7
STATB QF ILLINOIS87th GENBRAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPT:OK DEBATE
140th Legislative Day May 12, 1992
Billv.owas...supported by the City of Chicago in
Committeey.wlt has the support ot the Dupage Mayors and '
Managers Association and the cityo..it's a very simple,
very good concept and that is thaep..we can allow greater
tlexibility in using dollars raised by municipalities tn a
time when we are lookin: at possibly... eliminating the
surcharge dollar. This would allow local units of
government to use money in the best way they can. So 1
would..wl would appreciate a favorable vote on this
particular Amendment and would...seek a...I would hope that
this 3ill would pass.''
Speaker Mcpike: ''Question is, 'Shall Amendment 92 be adopted?'
All in favor say 'aye' opposed, ?no.' The 'noes' have it.F
The Amendment is defeated. FurtherAmendments?''
Clerk O'Brien: ''No further Amendmentsv''
Speaker Mcpike: ''Third Reading. Representative Balanoff, 3073.
Read the Bill, Mr. Clerk.'l
Clerk O'Brien: PHouse Bill 3073, a 3i1l for an Act to amend the
Environmental Protection Act. Second Reading of the Bill.
No Committee lmendments.f'
Speaker Mcpike: ''Any Ploor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Balanoff.''
Speaker Mcpike: eRepresentative Balanoff.''
Balanoff: ''Yes, yes, Mr. Speaker. Amendment 41 becomes the Bill
and what it would have is would have the Pollution
Control Board adopt compost quality standards and testing
procedures for the end product of green waste and mixed
municipal waste composting facilities. It's one that we
agreed.m.agreed to put on in committee.''
Speaker Mcpike; ''Amendment printed? Mr. Clerk? Yes, it is. The
Gentleman's moved for the adoption cf the Amendment. Js
k 8
II
STATE OF ILLJNOIS87th GENERAL ASSBMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
i140th Legislative Day May l2, 1992
there any discussion? Being no discussion, the question
is, 'Shall Amendment 41 be adopted?' A1l in favor say,
'aye', opposed, 'no.' The fayes' have it. The Amendment's
adopted. Further Amendments?''
Clerk O'srien: ''No further Amendments./
Speaker Mcpike: ''Third Reading. All right, the Chair skipped
over a Senate 3il1 on Government Administration by mistake.
That's Senate 3il1 911. Whols the House Sponsor of this
Bill? Al1 right. Representative Hoffman, this Bill has
not cleared Rules yet, so you have to take this Bill
through the Rules Committee before it can be heard. it's
posted for tomorrow. In Rules. Thank you. Representative
Phelps, on 3110. Read the Sill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3110: a 3il1 for an Act concerning
emission allowances authorized under the federal Clean Air
Act. Second Reading of the Bill. Amendment #1 was adopted
in committeew''
Speaker Mcpike: l'Out of the record. Representative Kulas, 3251.
Read the Bill, Mr. Clerk.''
Clerk O'Brien) ''House Bill 3251, a 3ill for an Act in relatfon to
environmental protection. second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'3rien: ''No Floor Amendments.''
Speaker Mcpike: ''Third Reading. Representative Mautino, 3487.
Read the Bill, Mr. Clerk.'l
Clerk O'Brien: ''House Bill 3187, a Bill for an Act to amend the
Humane Care for Animals Act. Second Reading of the Bill.
No Committee Amendments.'' '
Speaker Mcpike: ''Any Floor Amendments?f'
Clerk O'Brten: ''Floor Amendment #l, offered by Representative
Mautinov''
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.1
1
STATE OF ILLINOTS87th GENERAL ASSEMBLY
HOUSE OP REPRESENTATIVESTRANSCRIPTION DEBATE
110th Legislative Day May 1992
Speaker Mcpike: ''Representative Mautino.''
Mautino: ''Thank you, Mr. Speaker. The Floor Amendment to 3487
makes this Bill agreed and removes all opposition what the
Amendment does is...lt inserts 'without jurisdiction oflaw' and also states that 'the authorities detaining
livestock shipment shall give it priority'. move for the
adoption of this Amendment. And it clarifies the intent.'l
Speaker Mcpike: ''And on the Motion, Representative Black. Any
further discussion? There being none, the question is,
'Shall Amendment 41 be adopted?' A1l in favor say 'aye',
opposed, 'no.' The 'ayes' have it. The Amendment's
adopted. Further Amendments?/
Clerk O'Brien: ''No further Amendmentse''
Speaker Mcpike: fThird Reading. Representative Kulas, 3666. Out
of the record. (House Bill) 3712, Mr. Wait.
Representative Wait. Representative Currie, 3892, 3892.
Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House 3ill 3892, a Bill for an Act in relation to
solid waste. Second Reading oi the Bill. Amendment #1 was
adopted in committee.''
Speaker Mcpike: ''Any Motions?
Clerk O'Brien: nNo Motions filedv''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #2, offered by Representative
Currie.''
Speaker Mcpike: ''Representative Currie.''
Currie: ''Withdraw..ll'd like to withdraw 2.9'
Speaker Mcpike: ''Amendment /2 is withdrawn. Further Amendments?f'
Clerk OfBrien: fïFloor Amendment #3, offered by Representative
Currie./
Speaker Mcpike: ffRepresentative Currie.''
Currie: ''Thank you, Mr. Speaker and Members of the House.
10
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Amendment 3 changes the 3il1 so that the 3i1l altogether
would provide for two t ngs. First, on Amendment to the
Solid Waste Manaqement tanning Act so that larger
communities could assess the effectiveness of
quantity-based disposal fees, and secondly, the creation of
a solid waste advisory council within the...Department of
of Energy and Natural Resources and the Environmental
Protection Agency. : would appreciate your supporte''
Speaker Mcpike: ''Representative Black, on the Amendment.''
Black: ''Thank you very much, Mr. Speaker. very hard to hear
the Lady. Amendment 43 becomes the Bill, is that what she
said?'
Currie: ''That's what I said.f'
Black: ''And, Representative. it's my understanding do you concur,
that Amendment #3 is more or less now an agreed Amendment?
I see no major problems?''Currie: ''Right.''
Black: ''Thank you very much.f'
Speaker Mcpike: f'Question is, 'Shall Amendment #3 be adopted?'
All in iavor say 'aye', opposed, 'no.' The 'ayes' have it
and *he Amendment's adopted. Further Amendments?f'
Clerk O'Brien: ''No further Amendments.'f
Speaker Mcpike: ''Third Reading. Representative Ryder, 4037. Out
of the record. (House Bi11) 4039, Representative Peterson.
Out of the record. Human Services. Second Reading.
Representative Hicks. Representative Currie, 2452.
Representative Lang, 2768. Representative McGann. Mr.
McGann, on Mental Health, 3005. Read the Bill, Mr. Clerkv''
Clerk O'Brien: ''House Bill 3005, a Bill for an Act to amend the
Department of Mental Hea1th and Developmental Disabilities
Act. Second Reading of the 3il1. Amendment 41 was adopted
in committee.''
11
STATE OF ILLINOIS87th GENERAL ASSEMSLYHODSE OF REPRESENTATIVESTRANSCRIPTION DEBATD
140th Legislatlve Day May l2, 1992
Speaker Mcpike: ''Any Motions?''
Clerk O'Brien: ffNo Motions filed.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: pFloor Amendment #2, offered by Representative
Woolard.''
Speaker Mcpiket 'fRepresentative Woolard. This Amendment has not
been printed. Representative McGann, what is your desire?''
McGann: ''Why don't we just take it out of tbe record ior now?''Speaker Mcpike: ''Very well, and on House Bill 3006, do you want
that read? Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3006, a Bill for an Act to amend the
Department of Mental Health and Developmental Disabilities
Code (sic-Act). Second Reading bf the Bill. No Committee
Amendments or Floor Amendmentso''
Speaker Mcpike: ''Third Reading. Representative Daniels four
Bills in a row. Read the Billsy Mr. Clerk, 3135.''
Clerk O'Brien: ''House Bill 3135, a Bill for an Act concerning the
funding of medical assistance. Second Reading of the Bill.
No Committee or Floor àmendments. No Committee or Floor
Amendments.''
Speaker Mcpike: HThird Reading. House Bill 3136.''
Clerk O'Brien: ''House Bill 3136, a Bill for an Act to amend the
Illinois Health Finance Reform Act. Second Reading of the
Bill. No Committee or Floor Amendments.p
Speaker Mcpike: ''Third Reading. House Bill 3137.''
Clerk O'Brien: ''House Bill 3137, a Bill for an Act to amend the
Illinois Hea1th Finance Reform Act. Second Readtng of the
Bi11. No Committee or Floor Amendments.''
Speaker Mcpike: ''Third Reading. House 3ill 3175.'1
Clerk O'Brien: f'House Bill 3175, a Bill for an Act to amend the
Illinois public Aid Code. Second Readtng of the Bill. No
Committee or Floor Amendments.''
12
STATE OF ILLINOIS87th GENCRAL ASSEMBLY
HOUSE OF REPRESZNTATIVESTRASSCRIPTION DBBATE
140th Legislative Day May l2, 1992
Speaker Mcpike: ''Tbird Reading. House Bill 3245, Representative
Whtte. Representative Daniels, 3285. Read the Bill, Mr.
Clerk.''
Clerk OfBrien: f'House 3ill 3285, a Bill for an Act to amend the
Illinois Public àid Code. Second Reading of the Bill. No
Committee or Floor Amendments.''
Speaker Mcpike: ''Tbird Reading. Representative Lou Jones, 3593.
Representative Homer, 4078. Read the Bill, Mr...Out of the
record. Representative White. Representative Regan on
House Bill 1166. Read the Bill: Mr. Clerk.''
Clerk O'Brien: f'House 3i1l 1166, a Bill for an Act to amend the
Illinois Public Aid Code. Second Reading of the Bill. No
Committee or...Amendment #1 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''
Clerk O'Brien: ''No Motions filed. No Floor Amendments.''
Speaker Mcpike: ''Tbird Reading. House Bill 4170, Representative
Martinez. Read the Bill: Mr. Clerk.f'
Clerk O'Brien: ''House Bill 4170, this Bill has been read a second
time previously and is beinq held for a fiscal note
request.''
speaker Mcpike: ''Do you have the fiscal note?''
Clerk O'Brien: ''Fiscal note is not yet filed.''
Speaker Mcpike: f'The Bill remains on Second Reading. Children
and Pamily Law. Second Reading. House Bill 487,
Representative Burke. Mr. Burke. (House Bill) 2225,
Representative Curran. Read the Bill, Mr. Clerk.''
clerk O'Brien: ''House Bill 2225, this Bill has been read a second
time previously and is being held for a fiscal note
requestv''
Mcpike: '' Mr.Speaker Curran, fiscal note.'!
clerk O'Brien: ''Fiscal note is not filede'
Speaker Mcpike: ''lHouse Bill) 3004, Representative Hoffman,
13
STATE OF ILLINOIS87tb GENERAL ASSBMBLY
ROUSB OF REPRSSENTATIVESTRANSCRIPTION DESATE
140th Legislative Day May 12, 1992
Out of the record. Representative Currie, 3260: 3262.
Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3262, a Bi11...a Bill for an Act to
amend the Illinois Domestic Violence Act. Second Reading
of the Bill. No Committee or Floor Amendments.''
Speaker Mcpike: ''Third Reading. Representatlve Woolard, 3311.
Out of the record. Representative Giorgi, 3315, 3315.
Read the Bill, Mr. Clerke''
Clerk O'Brien: ''House Bill 3315. This Bill has been read a
second time previously and is being held for a fiscal note
request.n
Speaker Mcpike: NRepresentative Giorgi, you need a fiscal note.
The Bill's being held on Second Reading, Representative
Giorgi. Representative Giorgi.''
Glorgi: ''Mr. Speaker, we asked the various departments for these
fiscal notes and I've asked them for the last couple of
weeks and tbeylre not cooperating, and they're. you know,
Republican controlled. What do 1 do?''
Speaker Mcpike: ''...As a ireshman Legislator, I'm sure you don't
understand the procedure to be used around here,
Representative Giorgi.''
Giorgi: ''All riqht. Well, Representative Preston gave me some
advice. Hey said, 'There is no fiscal impact on this
Bill', so 1'm going to move that the fiscal note not
a#PiX'''
Speaker Mcpike: ''The Gentleman moves that the fiscal note is not
applicable to this Bill. The question is, 'Shall the
Gentleman's Motion carry?' A1l those in favor vote 'aye',
opposed vote. 'no'. Al1 in favor vote 'aye' opposed vote
'no' Representative Ryder.''
Ryder: %'Mr. Speaker, I have an inquiry of...Is it appropriate for
the Sponsor of the Motion to be doing the cheers for the
14
i1
STATE OF TLLTNOIS87th GENBRAL ASSEMBLY
HOUSE OF RBPRESENTATIVESj TRANSCRIPTTON DE#ATE
110th Legislative Day May l2, 1992
votes over the microphone? T distinctly heard him tellinq' us how to votep''
Speaker Mcpike: ''Yes.''
Ryder: ''I think that's inappropriate decorum.''
Speaker Mcpike: ''No, 1 think it's a11 right for Democrats.''
Ryder: ''Is there a distinction?''
Speaker Mcpike: ''Yes.''
Ryder: 'lYou only gave us a Republican rule book; that's where
we're had the disadvantage I can tell, but you would think
that someone that's been here more than one term, like Mr.
Giorgi, would understand those things.''
Speaker Mcpike: ''You and I would think. Have all voted? Have
a1l voted who wish? The Clerk will take the record. On
this Motion, there are 70 'ayes' and 38 'noes', and the
Motion carries. Third Reading. Representative Currie,
3416. Ms, Currie. Out of éhe record. Representative
Davis, 3832. Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3832, a Bill for an Act in relation to
child support. Second Reading of the Bill. No Committee
Amendments.'' '
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #l, offered by Representativè
Monique Davis.''
Speaker Mcpike: ''Representative Davis.t'
Davis: ''Thank you, Mr. Speaker, Ladies and Gentleman. This
Amendment took out 'personal checks' meaning that a person
who is paying their child support can continue to use
personal checks, and it also took out 'credit cards'
because someone at the department felt that credit cards
would increase fees that someone would have to pay. So,
this Amendment merely states that those who are payinq
those...child support payments can use certified checks,
15
. 1STATE OF ILLINOIS
87th GBNERAL ASSEMBLYHOUS; OF REPRBSENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
credit cards, or not credit cards? but certified checksp''
Speaker Mcpike: ''Any discussion on the Amendment? Representative
Davis.''
Davis: ''1'd like to withdraw Amendment 41.''
Speaker Mcpike: ''Amendment 41 is withdrawn. Further Amendments?''
Clerk O'Brien: ''Floor Amendment #2, offered by Representative
Davis.''
Speaker Mcpike: nRepresentative Davis.''
Davis: ''All right, Amendment 42 makes it satisfactory to the
Department of Public Aid wbere a person can continue to pay
their child support with a personal check or a with a
certified check or travelers check.''
Speaker Mcpike: HAny discussion on that? Representative
Wennlund.''
Wennlund: ''Thank you. Will the Sponsor yield?''
Speaker Mcpike: ''Yes.''
Wennlund: ''Would Amendment #2 would allow for the payment by a
credit card?''
Davis: ''No, this removes thatv''
Wennlund: ''So...1s the Department of Public Aid...''
Davis: ''Theyrre okay with the Bill with Amendment #2.''
Wennlund: ''With number 2, thank ycu very much.''
Speaker Mcpike: 'louestion is, 'Shall Amendment 42 be adopted?'
A11 in favor say, 'aye', opposed, 'no.' The 'ayes' have
it, and the Amendment is adopted. Further Amendments?''
Clerk O'Brien: 'No further Amendmentsw''
Speaker Mcpike: ''Third Reading. House Bill 3998, Representative
Levin. (House Bill) 4128, Representative Williams. Paul
Williams. Consumer Protection. Second Reading. House
Bill 4058, Representative Davis, 4058. Read the Bill, Mr.
Clerk.''
Clerk O'Brien: ''House B#ll 4058, a :ill for an Act to amend the
16
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSB OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12y 1992
Consumer Fraud and Deceptive Business Practices Act.
Second Reading ol the Bill. No Committee Amendments,'f
Speaker Mcpikek ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #l, offered by Representative
Davis.''
Speaker Mcpike: ''Representative Davis.''
Davis: ''...Floor Amendment #l, Mr. Speaker, changes the number of
days irom 14 to seven.''
Speaker Mcpike: nAny discussion on the Amendment? Representative
Wennlund.''
Wennlund: nThank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Mcpike: ''Yes.''
Wennlund: >It was my understanding, Representative, that there
was an agreement to hold this Bill on Second Reading and to
work out the differences with the Cable Association.n
Davis: ''That's what we've done. This Amendment does that. They
thought 14 days was too lons and would affect their billing
period...so with this Amendment it's to seven days.n
Wennlund: ''So they could give a seven-day notice oé ashut off?''
Davis: ''That's correct.''
Wennlund: ''Were they required to qive a seven-day notice before
they can shut off?''
Davis: ''That's correctw''
Wennlund: ''And the Cable Associatlon is signed on to that?''
Davis: 'fYes.'f
Wennlund: ''Thank you very much.''
Davis: ''Thank you.''
Speaker Mcpike: ''Representative Parke.l'
Parke: ''Thank you, Mr. Speaker. Representative I understand that
there was a number of people that asked about that
Amendmentqqvthat youdve entered. Has that taken care of
most a11 of the people that were concerned.''
17
STATE OF yLLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTTON DEBATE
140th Legislative Day
Davis: ''...This takes care
May 12, 1992
that were dealt withof the questions
in committee. It takes care of the question of the length
of time, the effect on their billing process and the
notification to the customer.''
Parke: ''So as far as you know most everybody feels comfortable
with this Amendment.''
Davis: ''As far as I knowm''
Parke: ''Thank you.''
Davis: ''Thank you.''
Speaker Mcpike: 'fouestion is# 'Shall Amendment #1 be adopted?'
A11 in favor say 'aye' opposed, 'no.' The 'ayesf have#
'
and the Amendment's adopted. Further Amendments?''
Clerk O'Brien: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. Municipal County and
Conservation Law. Second Reading. House Bill 2812, Mr.
Homer. Read the Bill, Mr. Clerk.''
Clerk O'Brien: 'fHouse Bill 2812, a Bill for an Act. to amend the
Clerks oi Court Act. Second Reading of the 3i1l. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: 'fFloor Amendment #l? offered by Representative
Homer.''
Speaker Mcpike: 'fRepresentative Homer.''
Homer: ''Withdraw Amendment l.'f
Speaker Mcpike: 'fAmendment 41 is withdrawn. Further Amendments?''
Clerk O'Brlen: ''Floor...Floor Amendment #2, oifered by
Representative Homer.''
Speaker Mcpike: lRepresentative Homer.''
Homer: ''Thank you. Amendment 42 would change the population
bracket. Currently it's 180,000...180,000 to 650,000.
This would change it to 183,000. The only effect would be
to remove Peoria County from the previous bracket so as to
18
STATE OF ILLINOIS87th GENERAL ASSEM3LYHOUSE OF REPRESEXTATIVESTRANSCRIPTION DEBATE
110th Legiglative Day May l2, 1992
provide for the lower filing fees that are now on the
statute with regard to those counties under 180:000, I
would move adoption of Amendment #1, or Irm sorry,
Amendment 42.11
Speaker Mcpike: ''Representative Homer moves for the adoption of
the Amendment #2 and on that, Representative Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
yield. Representative, Amendment #2 becomes the Bill:
correct?''
Homer: ''Yes.''
Black: ''Does.ovitwo.Bring me up to speed here. Does it only
affect Peoria County?''
Homer: ''Yes, last year we...we passed a fee revision 3ill, you
recall at the request oi Cook County. By the time Bill
passed, we had included fee increases for other middle-size
counties down to 180,000. Peoria had not requested to be
in that Bill and was surprised to find out that they were
in that Bill, so by increasing the threshold to 183,000,
the only county that would be removed from the import of
that 3ill last year would be Peoria County. They're the
only county tbat has a population greater than 180,000, but
less than 183,000.11
Black: ''And there's no opposition to this measure from the Urban
counties Council?''
Homer: ''They have not expressed any opposition to me. Again, it
affects only Peorla County.''
Black: ''Nor have the circuit clerks?''
Homer: ''No I have...No,#
circuit clerk.''
Black: ''Thank you.''
Speaker Mcpike: ''Representative Hasara.f'
Hasara: ''ïes, Mr. Speaker. Will the Sponsor yield?''
have not received any input from any
19
STATE OF ILLINOIS' 87th GENERAL ASSEMBLV
HOUSE OF RBPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Mcpike: ''Yes.'' .
Hqsara: ''Representative, hoW does the Amendment differ from the
Bill. I'm sorry if I missed the original.'' 11
Homer: ''We1l, the Bill as the Amendment becomes the Bill, and all '
that it does is it...right now there are certain fees that
are charged in counties that have a population of more thàn
180,000, but less than 650,000. This Amendment, the only
thing that it does, is increase that lower population limit
to 183,000. The effect of that would be put one...only one
county in this state, that being Peoria County, in toqether
with the bracket of those counties that fall below that
threshold, so that the fees charged in Peoria County would
be the same as hose fees charged in other smaller
counties.''
Hasara: ''An6 the original 3ill permitted Peoria to set its own?''
Homer: ''7es...Yes, the original Bill would have made #t
permissive. This simply puts them into a lower bracket.''
Hasara: ''Okay, I rise in support of this Amendment. I have had
conversations with the circuit clerk from Peoria County and
if you'll remember last July 4th, I did speak iq opposition
to that fee Bill because most counties knew nothlng about
it, did not know it was coming. In my opinion, we have
raised feees so high that the average citizen is denied
access to the court system and when Peoria County realized
what had happened to it...the county board and the clerk
were very upset because they had not been a part of that
Bill at all. My concern about the original Bill has been
met by this Amendment becauser believe it or not, we try
very hard in Illinois to have an unified court system, and
to permit one county to go off on iEs own and have a
totally different fee structure was not a good idea, but kI
1this Amendment clarifies that. So, it simply brings Peoria
20
STATE QF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992I
County along with smaller counties in collectin: fees: so
you don't have at least l02 diiferent counties. So I do
rise in support of the Amendment. Tbank you.''
Speaker Mcpikek ''There being no opposition, the question is.
'Shall Amendment 42 be adopted?' Al1 in favor say laye',
opposed, 'no.' The 'ayes'...Representative Homer.''
Homer: ''...Just for the record, Mr. Speaker, I would like to
clarify that l...the previous speaker said that the Peoria I
County' Board suppor-' the Bill. I don't know that to be
the case. I don't kno .'hat the position of the county
board is# and I just wanted to make that clarification, but' I would move for the adoption of the Amendment.''
Speaker Mcpikek ''Question is, 'Shall Amendment /2 be adopted?'
Al1 in favor say, 'aye' opposed, 'no.' The 'ayes' have#
it, and the Amendment's adopted. Further Amendments?f
Clerk O'Brien: ''No further Amendments.''
Speaker Mcpikek ''Third Reading. House Bill 2919. Out of the
record. House Bill 2922, Representative Steczo. Steczo.
Out of the record. Representative Hartke, 3057. Read the
Bill, Mr. Clerk./'
Clerk O'Brien: ''House Bill 3057, a Bill for an Act to amend the
Township Law. Second Reading oé the Bill. No Committee
Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Hartke.ff '
Speaker Mcpike: HRepresentative Hartke.''
Hartkek ''Thank you very much, Mr. Speaker, Members of the House.
(House Bi11) 3057 was on the Consent Calendar.p.earlier,
but 1 asked that lt be Eaken off because there was a
technical Amendment that we have to do and so that's khat
this is. It just changes a couple words in the Bill, and
1I
21
; -
STATE OF ILLINOIS87th GENERAL ASSBMBLY
HOUSE OF REPRESENTATIVESTRANSCRJPTION DEBATE
140th Legislative Day May l2, 1992
is completely technical. 1 ask ior your supporte''
Speaker Mcpike: ''Any discussion? The question is, 'Shall
Amendment 41 be adopted?' All in favor say 'aye', opposed,
'no.' The 'ayes' have it, and the Amendment's adopted.
Further Amendments?''
Clerk O'Brien: ''No further Amendments.''IISpeaker Mcpike: ''Third Reading. House Bill 3189, RepresentativeI
Homer. Tom Homer. Read the Bill, Mr. Clerk.'' I
Clerk O'Brien: ''House Bill 3189.R I
Speaker . Mcpike: ''out of the record. House Bill 3328, j
Representative Hartke. Out of the record'. House Bill I
3374, Representative Hoffman. Jay Hoffman. Out of the I!
record. House Bill 3656, Representative Reane. Mr. Keane.
Out of the record. House Bill 3657, Representative McGann.
McGann. Out of the record. Representative.oetHouse Bill)
3776, Representative Wyvettey Younge. Out of the record.
House Bill 3969, Representative Brunsvold. Out oi the
record. Elementary and Secondary Education. Second
Reading. House 3ill 600, Representative Curran. Read the
Bill Mr. Clerk.'' '#
Clerk O'Brien: ''House Bill 600, a Bill for an Act to amend the
School Code. Second Reading of the Bill. Amendment #1 was
adopted in committee.''
Speaker Mcpike: ''Any Motions?''
Clerk g'Brien: ''No Motions filed. No Floor Amendments.''
Speaker Mcpike: HThird Reading. House Bill 825, Representative
Mautino. Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 825, a Bill for an Act to amend the
School Code. Second Readinq of the Bill. Amendment 91 was
adopted in commitEee.''
Speaker Mcpike: HAny Motions? Mr. Mautino there's a...Thts
Bill's been read a second time?''
22
STATE OF ILLINOIS' 87th GENERAL ASSEMBLX
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992I
Clerk O'Brien: 'The Bill has been read a second time.''
Speaker Mcpike: '1A11 right. There ts a request for a mandates
note and a fiscal note. House Bill 2997, RepresentativeIITurner
. Representative Turner. Out of the record. II
Representative Hartke, 3066. Read the Bill, Mr. Clerk.ll I'
jClerk O'Brien: ''House 3ill 3066, a Bill for an Act to amend the I
I
School Code. Second Readinq of the Bill. No Committee 1IAmendmentsx'' II
Speaker Mcptkek ''Any Floor Amendments?'f I1
'Brien: ''Floor Amendment #1., offered by Representative lClerk OIILango'' I
Speaker Mcpike: ''Mr. Lang withdraws the Amendment. Withdraw the
IAmendment, Mr. Lanq? Are you? Never mind, the Gentleman
does not withdraw the Amendment. Take the Bill out .of the
record. Representative Hartke, 3067. Read the Bill, Mr.
Clerk.''
Clerk O'Brien: ''House Bill 3067, a Bill for an Act concerntng
school bus driver permits and criminal background
investiqations of school employees. Second Reading of the
Bill. Amendment 41 was adopted in committee.'f
Speaker Mcpikek ''Any Motions?'l '1
f 44 @, lClerk O Brien: No Motions filed. No Floor Amendments. 1
Speaker Mcpike: 'rThird Reading. Representative Hoffmanz 3106. 1
Out of the record. Representative Turner, 3781. Mr.I
Turner. You vant...378lr Mr. Clerk. Ryad the Bi11.'' l
Clerk O'Brien: ''House Bill 3781, a Bill for an Act to amend the
School Code. Second Reading of the Bill. No Committee
Amendments.''
Speaker Mcptke: ''Any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Turner.''
Speaker Mcpike: NRepresentative Turner.''
1
23
I1
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTICN DEBATE
140th Legislative Day May 12, 1992
Turner: ''Thank you, Mr. Speaker and Ladies and Gentlemen oé the
Assembly. Amendment 41 is a technical Amendment. lt
changes language in the Bill so that the grade point
average is included in this Bi1l.''
Speaker Mcpike: f'Mr. Clerk is this Amendment printed?''
Clerk O'Brienk ''No, it is not.f'
Speaker Mcpike: 'lAmendment is not printed. Take the Bill out of
the record. Representative Balanoff, 3856. Read the Bill,
Mr. Clerk.''
Clerk O'Brien) ''House Bill 3856, a Bill for an Act to amend the
School Code. Second Reading of the Bill. No Committee or
Floor Amendments.'r
Speaker Mcplke: ''Third Reading. House Bill 3903, Representative
Rotello. (House Bill) 4022, Representative McGann. Mr.
McGann. (House Bil1) 1166, Representative Currie.
Economic Development. Second Reading. House 3il1 1876,
Representative Morrow. Representative Wyvetter Younge, on
two Bills. Out of the record. House Bill 4010. Read the
Bill, Mr. Clerk.'r
Clerk O'Brien: ''House Bill 4010, a Bill for an Act to amend the
Praire State 2000 Authority Act. Second Reading of the
Bill. Amendment 41 was adopted in committee.rr
Speaker Mcpike: ''Any Motions?''
Clerk OlBrien: ''No Motions filed and no Floor Xmendments.''
Speaker Mcpike: ''Third Reading. Banking. Second Reading. House
Bill 3568, Representative Flinn. Monroe Flinn. Read the
Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3568, a Bill for an Act to amend the
Public Funds Investment Act. Second Reading of the Bill.
No Committee or Floor Amendmentskr'
Speaker Mcpike: ''Thlrd Reading. House Bill 3647, Representative
Williams. House Dill 3689, Representative Hicks. Larry
24
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Hicks. Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House Bill 3689, a Bill jor an Act to amend the
lllinois Savings and Loan Act. Second Reading of the Bill.
No Committee or Floor Amendments.ll
Speaker Mcpike: ''Third Reading. House Bill 3711, Representative
Willians. Representative Laurino. Higher Education.
Second Readinq. House 3i1l 3197, Representative Edley.
Mr. Edley. Bill Edley. Read the Bill, Mr. Clerk.l'
Clerk O'Brien: ''House Bill 3197, a Bill for an Act relating to
governing boards of Illinois institutions of hiqher
learning. Second Reading of the Bill. No Committee or
Floor Amendments.''
Speaker Mcpike: ''Third Readinq. House Bill. Representative
Laurino, in the Chairy''
Speaker Laurino: ''House Bill 3252, Representative Granberg.
Representative Granberg. Read the Bill, Mr. Clerk.f'
Clerk O'Brien: ''House Bill 3252, a Bill for an Act to amend the
School Code. Second Reading of the Bill. Amendment 41 was
adopted in committee.''
Speaker Laurino: ''Any Motions or Floor Amendments?''
Clerk O'arienl ''No Motions filed. No Floor Amendments.''
Speaker Laurino: ''Third Reading. House Bill 3453, Representative
Edley. Out of the record. House Bill 3888: Representative
Turner. Art: House Bill 38887 Out of the record.
Representative Phelps, for what reason do you arise?R
Phelps: ''Thank you, Mr. Speaker. A point of personal privilege.
Today just happens to be the birthday of a fine publicservant, my seat mate, Representative McGuire, and being so
health conscious as he is and trying to set a fine example,
he is not offering cake today, but fruit and little muffins
so you are welcome to come partake of...celebrate our
birthday of our fine Representative, Jack McGuire.''
25
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Laurino: 'lThe Chair will proceed to page 5 of the
Calendar. Housing. Second Reading. House Bill 1503,
Representative Turner. Out of the record. House Bill
1875, Representative Morrow. Out of the record. House
Bill 2903, Representative Satterthwaite. Read the Blll,
Mr. Clerk.''
Clerk O'Brien: ''House Bill 2903, a Bill for an Act to amend the
Housing Authority Act. Second Reading of the Bill. No
Committee Amendments.''
Speaker Laurino: ''Any Motions or Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #l. Amendment #1 Was withdrawn
previously. Floor Amendment #2, offered by Representative
Satterthwaite.''
Speaker Laurino: ''Has it been printed and distributed?''
Clerk O'Brien: ''Yes it has.''
Speaker Laurino: ''Representative Satterthwaite, on Amendment 42
to House Bil1 2903.,,
Satterthwaite: ''Mr. Speaker and Members of tie House. For
clarification, Amendment #1 was rejected in committee.Amendment 42 incorporates most of what was in Amendment #1#
but conforms to the wishes of the committee members in
regard to the appointment of additional members to the
housing authority boards. I am not aware of any objection
to Amendment 42 and would ask for its adoption.''
Speaker Laurino: ''Lady moves for the adoption of Amendment #2.
Are there any questions? Representative Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Laurino: Hshe indicates she will.''
Black: ''Representative, I guess 1 didnft' understand your
explanation in that ii I heard you correctly, you said this
Amendment was initially rejected in committee? Is that
26
! I
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
what I heard you say?''
Satterthwaitel ''No, indicated, for purposes of clarificationp
the Clerk had originally said there were no Committee
Amendments. There was an Amendment offered in committee
and then removed again from the Bill before the Bill passed
out to the House floor, so it's Amendment 42 that am
ojfering now that complies with the wishes of the committee
members. It incorporates part of what had been in House
Amendment #1, the non-controversial part, but it also makes
an adjustment that Representative Doederlein asked for, and1 think that werve now complied with the wishes of the
committee in Amendment /2.6'
Black: ''Okay, in other wor...and most of Amendment 42 appears
simply to be definitional in nature. Is that your.p.would
you agree with that?''
Satterthwaite: ''Yes.''
Black: ''And then the only question have then, at this
point...ls Amendment 42 taking Chicago out of the Bill
altoqether?''
Satterthwaite: ''Chicago was never in the Bil1.''
Black: ''Okay, other words, it was you say a government of one
million or less and wasn't higher than that in the
original 3ill?''
Satterthwaite: ''No.H
Black: ''Okay.fl
Satterthwaite: ''There is already other 1aw pertainlng to
Chicago.''
Black: ''Okay. Thank you very much.''
Satterthwaite: PBut thls legislation doesnrt cover that.ll
Speaker Laurino: ''The Lady moves for the adotion of Amendment 42
to House Bill 2903. All those in favor indicate by saying
'aye' opposed, 'nayp' The 'ayes' have it. The#
27
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
110th Leqislative Day
Amendment's adopted. Further Amendments?''
Clerk McLennand: ''Amendment #3, offered by Representative
Daniels.''
Speaker Laurino: ''For what reason does Representative Wojcikarise?''
Wojcik: ''Mr. Speaker, Representative Daniels is not on the floor,and I am a hyphenated Sponsor to the Amendment.''
Speaker Laurino: ''Fine, Representative Wojcik, would you like toexplain the Amendment?f'
Wojcik: ''Yes, Amendment #3 amends the Housing Authority Act andallows counties over 500,000 to establish by resolution per
diems for commissioners and chairmen. Currently, Chicago
is the only city that is allowed to establish this for the
cchairman. So now it will now broaden it to Dupage and
lake . ''
Speaker Laurino: ''Lady moves for the adoption of Amendment /3 to
House Bill 2903. Are there any questions? Representative
Satterthwaite.''
Satterthwaite: ''I just simply say I have no objection to theLady's Amendment and move for its adoption.''
Speaker Laurino: ''The Lady moves for the adoption of Amendment #3
to House Bill 2903. For what reason do you arise,
Representative Morrow?''
Morrow: ''Thank you, Mr. Chairman. If the Sponsor would yield?''
Speaker Laurino: ''For a moment, was confused. You were
screaming Roll Call. Representative Wojcik says she
would.''
Morrow: ''Yes, Representative Wojcik where would the moneys come
from to pay for the per diem?l'
Wojcik: ''The county boardm''
Morrow: l'The county board. Has the county board commissioners
signed off on Amendment 43 to House Bill 2903? Are they
May l2, 1992
28
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
ior, or are they against, this Amendment?'!
Wojcik: ''lt was a request from the Dùpage Housing Authority.''Morrow: ''Only by the Dupage Housing Authority? What about the
other housing...what aboutw..what about Cook County?''
Wojcik: ''This Amendment only affects Lake and Dupage; it doesnot.o.and Cook County's are already doing it. Chicagow''
Morrow: ''Thank you.'
Speaker Laurino: ''Representative Morrown proceed.''
Morrow: ''Xes, Representative Wojcik: we have been informed thatthe city of Chicago Housin: Commissioners don't get paid a
;er diem.''
Wojcik: ''The language that is currently in allows them toestablish it. is not required, and this would allow
Dupage and Lake also. It's permissive.''
Morrow: ''It is...It is permissive?''
Wojcik: ''It is not 'made'. It is allowed. Not 'shall'.''
Morrow: ''How...How much. How much of...How much of a per diem
would they receive?''
Wojcik: ''1t would be established by the authority.''Morrow: REstablished by the authority?''
Wojcik: ''Right.''
Morrow: HThank you.''
Speaker Laurino: ''Representative Lang.''
Lang: RThank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Laurino: Hshe indicates she wi11.''
Lang: ''Representative, why do we need this?'?
Wojcik: ''Because it's already in place for Chicago and Dupage andLake County have asked to have the same authority.'
Lang: 'fWell, it...it..wmy understanding also is that they're not
paid in the City of Chicaqo and 1et me ask you this, even
if they were getting paid, I mean is that really an
answer: because they are getting paid in the City of
29
I
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Chicago, they should get paid elsewhere?''
Wojcik: ''From my understanding and relating back to the HousingAuthority in Dupage, it is their request.ï'
Lang: PWel1. let me ask you this. Is the spirit of volunteerism
dead outside of the City of Chicago? Did we lose it
someplace? They're a1l around me; they want me to ask you
about a 1,000 points of light, if this has anything to do
with that.''
Wojcik: ''You know, I'm doinqe..l'm not really the Chief Sponsorof this Amendment, so I...Ifm not privy to a11 of the
desires or wants. of the certain type of request, so I
probably could answer exactly what I am told and that is
what I am telling you.''
Lang: ''Well, Representative, I'm not trying to make your life
difficult, but perhaps, given your knowledge of this
Amendment and since the Sponsor is not on the floor,
perhaps you would like t6 table it or take it out of the
record.''
Wojcik: ''I don't think so.''
Lang: ''We1l, to the Amendment, Mr. Speaker. We don't have enough
information about this Amendment to vote on it one way or
the other. There seems to be a definite lack of
information on the other side. Unfortunately, the Sponsor
of the Amendment's not on the floor, and 1 would ask
Members on this side of the aisle to vote 'no' on this
Amendmento''
Speaker Laurino: ''Representative Doederlein.''
Doederlein: ''Mr. Speaker, Ladies and Gentleman of the House. I
rise in support of this Amendment...Representative
Satterthwaite has worked very hard on this Bill and the
Amendments, and we've all talked together, we've worked
together, and I think that this Amendment is part of the
30
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
organization of the Bill. rise in support of tie
Amendments and the Bil1.''
Speaker Laurino: ''Representative Matijevich.''
Matijevich: ''Mr. Speaker and Ladies and Gentlemen of the House.The Sponsor of the Amendment said that this affects Lake
County and Dupage County and those counties asked for it.
Now, We Legislators from Lake County had a meeting vith our
county board members and they did not mention this to us.
Now, I realize that...that some of the county board members
are on their way to get rid of Grace Mary Stern and 1, but
they haven't got rid of us yet. Now...this is no different
than the gas tax. They say, oh, they donlt want a gas tax,
or they want it permissive. Well, wanna tell you that
I'm proud to say theg don't have one in Lake County, a gas
tax, because of myself and Leroy VanDuyne and as long as I
am here theu're not going to get that either. Theydre not
going to put another 44 gas tax on us county members, and
this is no difterent than that. They say we mandate so
much stuff, but then when we do it permissively, they say,
'Oh it's permissive. We're not going to use Soon as
the Governor signs it, they use it. There is no reason why
the housing commissioners have to work on per diem. My
God, they get a salary for what they do. Why do ihey have
to work.o.per diem? The fact of the matter is this would
be a bad precedent. You would have other boards of the
county saying; 'Heyy you did for the housinq authority
cotmissioners. Do it for uso' This is a bad Amendment;
it's a bad precedent. We realize that in Cook County, with
their population, they do things sometimes a little
differently, but that doesn't mean you oughta extend their
mistakes to the other parts of theeaastate of Illinois.
would urge a ressonding 'no' noE just by this side of the
31
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
aisle, but from the other side of the aisle, because my
county did not ask for it.''
Speaker Laurino: ''Representative Black, for what reabon do you
rise, Sir.''
Black: ''Wel1, 1 was just going to ask the Sponsor a question.''.Speaker Laurino: ''Pproceed.''
Black: ''Thank you. Representative, I heard you correctly,
your Amendment simply gives permissive authority to two
county boards to do what the City of Chicago already has
permissive authority to do.''
Wojcik: ''Correct. Ironically, as may sound, we are making
this permissive. Normally, we are very good for mandating,
but this is a permissive.''
Blackl ''So, in fact, if there was a bad precedent set, it must
have been set for the City of Chicago, since they already
have this authority.''
Wojcik: ''I would probably grant to say that that's correct.r'Black: ''We11, thank you very much. Mr. Speaker and Ladies and
Gentleman of the House, I'm not sure what's at work here.
I don't know it's because the Chiei Sponsor of the
Amendment isn't on the floor: and I would say to all of
youthat that sets a bad precedent among leadership, if they
a11 have to be out here to present their own Amendments
J?m not sure you want to do that. The Sponsor of the Bill
clearly stated she has no objection to this Amendment, andshe has worked very hard on the underlying Bill. Now,
there'k an inherent flaw the Amendment, that's one
issue. If there's a problem because the Chief Sponsor, who
happens to be the Minority Leader of the Illinois House, is
not on the floor to present then perhaps that should
cut both ways. I don't think you want to do that. The
Lady has explained her Amendment. Tt is giving permissive
32
STATE OF ILLINOIS' 87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2' 1992
authority to two counties to match permissive authority
that the City of Chicago already has. It doesn't mandate
anything, and in light that the Sponsor of the underlyin:
Bill has said she had no problems with this Amendment and
tried to accommodate people, which is the way we usually
try to work things on the Amendment process, J rise in
support of Amendment 43.1'
Speaker Laurino: ''Representative Wojcik.''
Wojcikl ''Since in my estimaticn, 1 am the hyphenated Sponsor ofthis Amendment and since there seems to be some question as
to permissive or non-permissive and we are saying that what
we're trying to do is bring it in line with the City of
Chicago and it's not understood, I think I will withdraw
the Motion so that we can discuss it further, and they will
find out that it is more permissive than anything else.
Thank you.''
Speaker Laurino: 'fThe Lady withdraws Amendment 43 to House Bill
2903. Further Amendments.''
Clerk McLennand: ''No further Amendmentse''
Speaker Laurino: ''Third Reading. House Bill 3422, Representative
Lou Jones. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3422, a Bill for an Act to amend the
Housing Authority. No Committee Amendments.''
Speaker Laurino: ''Any Motions or Floor Amendments?''
Clerk McLennand: ''Floor Amendment #l, offered by Representative
Lou Jones.''
Speaker Laurino: lHas that Amendment been printed and
distributed?''
Clerk McLennand: ''Yes, it has.''
Speaker Laurino: ''Proceed with the Amendment, Representative
Jones. Representative Jones on Amendment 41 to House Bill
3 i.l 2 2 . ''
33
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Jones: ''Thank you, Mr. Speaker and Members of the House. This is
an Amendment, an agreed Amendment, with all parties
concerned on a concern that they had in committee as to the
quorum, what constitutes a quorum. The chairman of the
committee and also the members of the committee have al1
signed out on..osigned off on this Amendment and
it's...everybody is happy with this Amendment.''
Speaker Laurino: ''It appears everyone is hap...oh, guess not.
Representative Doederlein's got a question. Representative
Doederlein.''
Doederlein: ''Will the Sponsor yield for a question?ll
Speaker Laurino: Rshe indicates she wil1.''
Doederlein: ''You're changing th'e quorum from four to three.
You're putting two more members on tbe authority. That
would mean that those two new members, plus one o1d member,
could constitute a quorum. Is that right?''
Jones, Lou: ''Absolutely.''
Doederlein: don't think that we're ready for that. Somebody
said, 'Well, when we put those people on, then we will
change this 1aw again'. 1 think it is very confusing: the
two new members, the two tenant members then could possibly
run the Chicaqo Housing Authority? I think we want
representation from them. I think that was very well put '
but think that when you change that from four
commissioners to three commissioners to a quorum, then with
the two new members and one old member you could stack the
deck, as they would say.''
Jones, Lou: ''Representative, don't think that you're...we're
talking about the same Bill.''
Doederlein: ''You're talking about Amendment 41 to House Bill
3422?'1
Jones, Lou: NRight, but thig is Amendment that's in regards to
34
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
1587, the commissioners added to the commissioner Bill from
last year. What happened is that we will be adding three
members which will be a lo-member board and, as I explaiied
in committee, those three members have not been added as
result the board cannot meet, and so we needed to change
the quorum now, so they can at least meet and do business.
The two members are for the other Bill, the 2903: not for
this particular Bill. We still have a lo-member board, but
a11 I was doing here was doing the adjustment on the
quorums, so they will be able to meet. explained this in
committee, if you can remember.''
Doederlein: ''You only have three commissioners now? How many
commissioners do you have now?''
Jones, Lou: ''We have seven. Our board consists of seven. We
added three which made a total of 10.1'
Doederlein: ''You have seven in place now.''
Jones, Lou: ''No, we do not have seven place. The board
consists of seven. Two of them have resigned, so there is,
right now there is (sic are) four, but because the Bill was
effective January the 1st, 1992, and the Bill says that
seven constitutes a quorum. There are only five, and they
cannot meet, so this is the reason for this Amendmenty so
they can do business as usual until they add the three
members which will be a lo-member board..''
Doederlein: ''When they add the three, then there will be seven,
for a quorum.''
Jones, Lou: 1'No, there will be 10 when they add the three. See,
a seven-member board now two oi them have...one ofF
them resigned and one of them quit. I don't know. They
only have five members now, okay? They wlll the mayor will
.appoint two more to make the seven, then the other three
will come from the tenants. They will be added as
35
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OP REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
representation (representatives)
Chicaqo housing which will be a total ot 10. Seven plus
three equals
Doederlein: ''Thank you.''
Speaker Laurino: ''Further questions. Representative Wennlund.l'
Wennlund: ''Thank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Laurino: ''She indicates she wil1.'1
Wennlund: ''As I read the Amendment, appears to...What werre
qoing to do is were taking an authority that 10
commissioners, and we're going to allow three of them to
constitute a quorum to do business?''
Jones, Lou: ''Representative, they do not have the 10 as we
S ?C Y k * P
Wennlund: ''What will happen when they do get the 10.'1
Jones, Lou: ''Then it will con...a quorum constitutes seven.''
Wennlund: ''I don't see where that's provided in the..oin the Bill
or t%e Amendment.''
Jones, Lou: ''It's in the original Bi11.''
Wennlund: ''When does thatp..when does three...when do three
commissioners not constitute a quorum?''
Jones, Lou: really don't understand what yourre saying.
mean, you've got me confused now.''
Wennlund: ''I think the Amendment has some problems and some flaws
in it's wording because it doesn't automatically cure the
situation and run from three to seven. The language...the
language oé the Amendment is fatally flawed, and b0th staff
on both sides of the aisle have some concern with respect
to that language. You might wanna.w.You might want to do
yourself a favore..l'
Jones, Lou: 1'...Both sides of the aisle. Where is the other side
of the aisle? L have two questions from your side of the
aisle. You and the other Representative. Now Where is the
May 12# 1992
as tenants that live in
36
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
controversy at both sides of the aisle?''
Wennlund: ''Stajf on both the Democratic side of the aisle and the
Republican side of the aisle bave a problem with the
language which appears to be.w.fatally flowed'f
Jones, Lou: ''Where's the staff? Wait a minute, don't speak for
someone else. Who are they?''
Wennlund: ''To the Amendment, Lqdies and Gentlemen oi the House
the Chicaqo Housing Authority probably will have some
concern with the language oi this Bill...with...oi the
language of this Amendment #l, and before the House adopts
this Amendment, the Chicago Housing Authority somebody
ought to contact them and run this by them because it
appears that the lanquage of the Amendment is indeed flawed
and probably should be taken out oi the record ior the time
being until the Chicago Housing Authority signs off on this
Amendment.''
Speaker Laurino: ''Further questions? Re'presentative Shirley
Joneso''
Jones, Shirley: '': think that side oi the aisle is more confused
than this side of the aisle over here. Chicago Housing
Authority did stgn off on this Bi11, and that's the one
that wants this Bi1l to pass. Representative Wennlund,
wanted to know about the three people, the three people is
the ones that make the quorum in order for them to vote on
the board, so if they don't get the three people they won't
be able to vote, and this that's al1 all itls about. Thank
Y O & * 6
fpeaker Laurino: ''Thank you, Representative. Representative Lou
Jones to close on Amendment #1.''
Jones, Lou: ''Thank you, Mr. Speaker. Represêntative Wennlund, I
have*..l have a letter my office from the Chicaqo
Housing àuthority from Robin Whitfield and also from
May l2, 1992
37
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OP REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Randolph who's president of the C.A.C., who actually siqned
off on the Amendment. would not present the Amendment
unless they had signed off on the Amendment. Chicago
Housing Authority, this is Eheir Amendment. This is their
wording, and 1 ask for a vote on this Amepdment.'f
Speaker Laurino: ''The Lady moves for the adoption of Amendment 41
to House 3ill 3422. A11 those in favor indicate by saying
'aye', opposed, 'nay.' The 'ayes' have and the
Amendment is adopted. Further Amendments?'î
Clerk McLennand: ''No further Amendments.''
Speaker Laurino: ''Third Reading. The Chair will go back to Human
Services. Second Reading, page 22. House Bill 4170,
Representative Marttnez. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill êl70, a Bill for an Act to amend the
Personnel Code. The Bill has been read a second time.''
Speaker Laurino: WRepresentative, we understand there's an
Amendment to this Bill, but it has not been printed and
distributed yet, so we'll have to hold the Bill on Second.
The Chair will now proceed to page 8, lnsurance, Second
Reading. House Bill 2825, Representative Daniels. Out of
the record. House Bill 2987, Representative Homer.
Representative Homer. Read the Bill: Mr. Clerk.''
Clerk McLennand: ''House Bill 2987, a Bill tor an Act to amend the
Jllinois Jnsurance Code. Amendment 41 was adopted in
committee.''
Speaker Laurino: ''Any Motions or Floor Amendmentsp''
Clerk McLennand: ''Amendment #2, offered by Representative Homer.''
Speaker Laurino: ''Has it been printed and distributed?''
Clerk McLennand: ''Yes has.''#
Speaker Laurino: ''Proceed, Representative, with Amendment 42 to
House Bill 2987.1,
Homer: 'fThank you. Mr. Speaker. I am offering Amendment 42 as a
38
STATE OF ILLINOTS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
fultillment of an aqreement that l made when 1 presented
the Bill in committee. Representative Parke raised a
concern relative to the issue of whether the emplogees must
give written consent to be insured under this program, and
we agreed to comply with that request, and so the
Amendment, very simply clarifies that the consent requested
must be in writing.''
Speaker Laurino: 'rRepresentative Homer moves tor the adoption of
Amendment 42 to House Bill 2987 and on that are there any
questions? Representative Parke?''
Parke: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. We appreciate Representative Homer fultilling his
commitment to us in committee. We should have no problems
with the legislation and thank you, Representativeol'
Speaker Laurino: ''Representative Homer moves for the adoption of
Amendment 42 to House Bill 2987. A1l those in favor
indicate by saying 'aye' opposedy 'nay'. The 'ayes' have
it. The Amendment is adopted. Further àmendments?''
Clerk McLennand: ''No further Amendments.''
Speaker Laurino: ''Third Reading. House Bill 3092, Representative
Currie. Representativé Currie? Out of the record. House
Bill 3157, Representative Lang. Out of the record. House
Bill 3323, Representative Brunsvold. Read the 5il1, Mr.
Clerk.''
Clerk McLennand: ''House Bill 3322, a Bill for an Act to amend the
lllinois Insurance Code.''
speaker Laurlno: ''Representative Mcpike in the Chair.''
Clerk McLennand: RAmendment #1 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''
Clerk McLennand: ''No Motions. No Floor Amendments.''
Speaker Mcpike: ''Any Floor Amendments?f'
Clerk McLennand: ''No Floor Amendments.''
I39
STATE OF ILLINOJS87th GENERAL ASSEMBLY
HOUSB OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
Speaker Mcplke: ''Third
May 1992
Reading. (House Bill) 3334:
Representative McDonougb. Mr. McDonouqh? McDonough? Do
you want this Bll1 called? Representative Turner, 3698.
Mr. Turner? Representative Rice, 3877. Civil Law, Second
Reading, House Bill 608, Representative Levin. 2532,
Representative White. Jesse White? Representative Currie,
2681. Read the Bill, Mr. Clerk.''
Clerk McLennandl ''House Bill 2681, a Bill for an Act to amend the
Illinois Human Rights Act. This 3ill has previously been
read a second time.''
Speaker Mcpike: ''Any Amendments?''
Clerk McLennand: ''No Amendments.''
Speaker Mcpike: ''Why is being held on Second Reading, Mr.
Clerk? ls there a request for a fiscal note? ls it filed?
It's been filed. Third Reading. Civil Law Second Reading.
2803, Representative Homer. Mr. Homer, 2803. Read the
Bill, Mr. Clerk.''
Clerk McLennand: 'fHouse 3i1l 2803, a Bill for an âct to amend the
Clerks of Courts Act. Second Readinge''
Speaker Mcpike: ''Any Motions?'f
Clerk McLennandl 'fNo Motionsw''
Speaker Mcpike: ''Any Floor Amendments?f'
Clerk McLennand: ''No Floor Amendments.o
Speaker Mcpike) 'ïThird Reading. House Bill 3000, Representative
Curran. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3000, a Bill for an Act to amend the
State Employee Indemnitication Act.''
Speaker Mcpiket ''Has thls Bill been read a second time?''
Clerk McLennand: 'fYes, it haso''
Speaker Mcpike: f'Previously?ï'
Clerk McLennand: ''No.''
Speaker Mcpike: 'fWell# you haven't read it a second time today,
40
STATE OF ILLJNOIS87th GENBRAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATC
140th Legislative Day @ May l2, 1992
Mr. Clerk, so read the 3il1.N
Clerk McLennand: ''House Bill 3000, a Bill for an Act to amend the
State Employee Indemnification Act. Second Reading.''
Speaker Mcpike: ''Mr. Curran, there is a request for a fiscal
note. Are there any Amendments, Mr. Clerk.''
Clerk McLennand: 'fAmendment 41 of:ered by Representative Curran.''
Speaker Mcpike: ''Representative Curran, Amendment #l? Out oj the
record? Take the Bill out of the record. Representatlve
Lang 3078. (House Bi1l) 3079. Read the Bill, Mr. Clerk.''
Clerk McLennand: 'fHouse Bill 3079, a Bill for an Act to amend the
Illinois Human Rights Act. Amendment 41 was adopted in
committee. Second Reading.'!
Speaker Mcptke: ''Are there any Conmittee Amendments?''
Clerk McLennand: ''Amendment #1 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''
clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''No Floor Amendmentsx''
Speaker .Mcptket NThtrd Reading. House Bill 3333, Representative
McDonough. Representative McDonough, (House Bill) 3333.
Out of the record. (House Bill) 3355, Representative Lang.
Out of the record. (House Bil1) 3406, Representative
Currie. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3406, a Bill for an Act to amend the
Illinois Human Rights Act. Amendment 41 was adopted in
committee. Second Reading.''
Speaker Mcpike: ''Any Motions?''
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?'l
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: 'fThird Reading. House Bill 3652, Representative
Shaw. House Bill 4009, Representative Anthony Young. Read
41
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
the Bill, Mr. Clerk.''
Clerk McLennand: HHouse Bill 1009, a Bill for an Act to amend the
Code of Civil Procedure. No Committee Amendments. Second
Reading.''
Speaker Mcpike: ''Read the 3i11, Mr. Clerk.''
Clerk McLennand: ''House Bill 4009, a Bill for an Act to amend the
Code of Civil Procedure. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment #l, offered by Representative
Young.''
Speaker Mcpike: ''Representative Young. Withdraws Amendment #l.
Further Amendments?''
Clerk McLennand: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. House Bill 4049, Representative
Keane. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 4049, a Bill for an Act to amend the
Code oi Civil Procedure. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''*
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: ''Third Reading. House Bill 4059, Representative
Dakis. Monique Davis. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bll1 4059, a Bill for an Act concernlng
building code violations. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments? Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment #2. Floor Amendment #1,
offered by Representative Davis.''
Speaker Mcpike: 'Representative Davis.e
Davis: ''Thank you, Mr. Speaker. Floor Amendment /1 merely states
that in populations over l#0Q0,000 that property owners
42
ISTATE OF ILLINOTS
87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
responsible for the accumulation of garbage trash and
debris, be placed under the legislation.'l
Speaker Mcpike: HThe question is, 'Shall Amendment #1 be
adopted?' All in favor say 'aye', opposed, 'no'. The
'ayes' have it, and the Amendment is adopted. Further
Amendments?'l
Clerk McLennand: ''Amendment #2, offered by Representative Davis.''
Speaker Mcpike: ''Representative Davis.''
Davis: ''Thank you, Amendment #2 states that a property owner has
to be the one responsible for the dumping of the garbage,
like if a property owner is accused, but someone else did
the dumpinq, the property owner would not be the one to get
the fine.''
Speaker Mcpike: ''The question is, 'Shall Amendment 42 be adopted?
Representative Wennlund.''
Wennlund: ''Thank you, Mr. Speaker. A question of the Sponsor?''
Speaker Mcpike: f'Yes.''
Wennlund: ''If...With the adoption of Amendment #1, it appears
that this Amendment strikes language that was already
deleted and replaced in Floor Amendment 41?''
Davis: ''part...Floor Amendment 41 does what now?''
Wennlund: ''Floor Amendment #1 was adopted, which would make this
Amendment out of order. The...This Amendment appears to
strike language that has already been deleted and replaced
in Floor Amendment 41.''
Davis: ''Are you sayin: that Floor Amendment 41 does somethin: to
Floor Amendment #2?''
Wennlund: ''Well, what it does is it...instead of
changing...instead of referring to the building code, it
refers to Ehe zoning codeo''
Davisr ''Amendment #1 does.''
Wennlundl ''Number 11.1,
43
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Leqislative Day May l2, 1992
Davis: ''It should. Amendment 42 is discussing zoning
violations.''
Wennlund: ''What is the effect oj the 3i1l, as amended by
àmendment 427''
Davis: ''The effect of the Btll is that if a person is dumping
Qarbage, trash or debris on his or her property and
violating a zoning law that the Attorney General has the
authority of fining them oi some amount per day.''
Wennlund: ''Who would permit the City of Chicago to issue an order
iring a tenant to clean up and remove trash andrequ
Qarbage?''
Davis: ''Yes, that's why we drafted #2. You see the first one,
appeared, stated that even the owner were not aware or
knowledgeable of this dumping, he or she could be held
accountable, and 42 states that the dumper has to be the
owner. It's the owner, not just a resident, the owner.''Wennlund: lokay, so the order would come to the owner of the
premises even though he might not reside on it?''
Davis: ''He has to be the one doing the dumping, not someone
elsez'
Wennlund: ''Okayy so...11
Davis: ''With Amendment 42 states that the owner of the
property is using to put garbage or to put trash or to
put debris. Isn't that right?''
Wennlund: ''Okay. Thank you very much.'l
Davis: ''Yourre welcome.''
Vpeaker Mcpike: f'The question is, rshall Amendment 42 be
adopted?' A1l in favor...Representative Homer.''
Homer: ''Wi1l the Sponsor yield?''
Speaker Mcpike: ''Yes.''
Homer: ''Representatlve Davis, this would empowerv..this Amendment
would authorize the Attorney General to entorce the Chicago
44
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Municipal Code?''
Davis: ''No. mean, whatever that Municipal Code is would remain
in effect.''
Homer: ''Dxplain...l'm sorry then, maybe didn't understand you.
What does your Amendment do?''
Davis: ''This...numberv..Amendment #l...We11: you want Amendment
42.''
Homer: rrYes.''
Davis: ''All right, Amendment /2 states that in populations of
over a 1,000,000 people, if they find that a property owner
is using his or her property to dump qarbage, debris, or
trash from one site and bring it to that site that he or
she owns and violates the zoning law, that whatever happens
to them can be increased.''
Homer: ''The original 3i1l, though did not it provide that the
Attorney General, in cooperation with local officials,
shall enforce that municipal code violation?''
Davis: ''Yes, that's correct.'
Homer: ''What's the posture of the Bill, as amended, then with
respect to the intervenkion oi the Attorney General?''
Davis: ''We1l, it appears to me that the hearin: officer would now
be responsible for beinq the authority over this kind of
hearing. There's a hearing officer involved and the
hearing officer is the one who would hear the case. Isn't
that correct?'l
Homer: ''The Bill still has...the original Bill still has in it
the section that the Attorney General shall enforce the
collection of penalties imposed under the code?''
Davis: think the original Bill stated the Attorney General, in
cooperation with the local officials, shall enforce the
collection of fines imposed under this Section.''
Homer: 11Al1 right. Representative Davis, maybe donlt
15
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
understand. The
May 12, 1992
in it thatoriginal Bill has a provision
the Attorney General would enforce the Municipal Code
violation. Now that is a substantial departure from
anything 1 know oj in current law. The Attorney General's
responsibilities generally are to enforce violations of
state statute, state regulation. know of no instance
where the àttorney General to expend its resources to
enforce some city's municipal code. Perhaps...''
Davis: ''Are you say...no go...are you...?''
Homer: ''Perhaps my comments are more appropriate in discussing
the Bill itself than your Amendment that...The Amendment
does not deal with the authority of the Attorney General,
does it?''
Davis: ''The Amendment does not. No.''
Homer: ''Okay, well then, have..o''
Davis: ''The original Bill does.l
Homer: see, well then, have no particular position on the
Amendment. 1 do think, however, that it's a bad precedent
to have the state's limited resources used to have the
Attorney General enforce Municipal Codes.f'
Davis: ''All right, Representative, are you stating to me that the
draiters of the Amendment have changed the Code that's
being Amended and itfs a Municipal Code thatls being
amended and therefore that should not be the Attorney
General as the enforcer of this law? Is that what youfre
saying to me?''
Homer: ''Wel1, : think your original Bill provided that the
Attorney General would be required to enforce this
provision of the Municipal Code, and, let me do this.
think my comments are not pertinent to your Amendment, so
I'm going to...we have no positionl'll ta1k...''
Davis: @@1 don't want you to be against my Bill, thouqh, because
16
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
of the Amendment so if we can work this out, let's work it
Q K V * Z
Homer: ''Well, that's okay. Let's...We1l...Let me discuss it with
you afterq.wafter the Amendment. I have no objection toyour Amendment.''
Speaker Mcpikek ''The question is, 'Shall Amendment /2 be
adopted?' All in favor say 'aye', oppoked, 'no'. The
'ayes' have it and the Amendment is adopted. Further
Amendments?'f
' Clerk McLennand: ''No further àmendments.''
Speaker Mcpike: ''Third Reading. House Bill 4194, Representative
Johnson. Criminal Law, Second. Representative Homer,
1421. Read the Bill, Mr. Clerk. Out of the record.
Representative J. Hoffman' 2467. Representative Kirkland,
2694. Representative Noland, 2750. Read the Blll, Mr.
Clerk.''
Clerk McLennand: ''House Bill 2750, a Bill for an Act to amend the
Criminal Code oi 1961. Second Reading of the Bill.
Amlndment 41 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''
Clerk McLennand: ''No Motions.'l
Speaker Mcpikek ''Any Ploor Amendmenks?''
Clerk McLennand: l'Floor Amendment 42 otéered by Representative
Noland.''
Speaker Mcpike: lRepresentative Noland.''
Noland: ''Thank you Mr. Cbairman. Floor Amendment 42 becomes the
Bill. It's language agreed upon in committee, in Judiciary
Committee. I move for its adoption.''
Spgaker Mcpike: ''Would you like to explain what it does?''
Noland: ''Yes, Ehe Amendment it removes, it removes the
non-employee locker room language, also adds an exemption
for the Department of correcttons officials to be able to
47
;
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRTPTION DEBATE
140th Legislative Day May l2, 1992
videotape or film for security reasons.''
Speaker Mcpike: ''Is there any discussion of the Gentleman's
Amendment? The question is, 'Shall Amendment...Amendment
#2 be adopted? All in favor say 'aye', opposed, 'no'. The
'ayes' have it, and the Amendment is adopted. Further
Amendments?''
Clerk McLennand: ''Amendment 43 offered by Representative
Santiago.''
' Speaker Mcpike: ''Representative Santiago. Mr. Santiago?
Amendment #3. The Gentleman withdraws Amendment #3.
Further Amendments?r'
Clerk McLennand: ''No further Amendments.'f
Speaker Mcpike: ''Third Reading. House Bill 2767, Representative
Homer. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 2767, a Bill for an Act to amend the
Criminal Code of 1961. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: ''Third Reading. House Bill 2799, Mr. Homer, Out
of the record. House Bill 3041, Representative Cronin.
Out of the record. House Bill 3043, Representative
Granberg. Read the Bill, Mr. Clerk.r'
Clerk McLennand: l'House Bill 3043, a Bill for an Act to amend the
Illinois Food Drug and Cosmetic Act. Second Reading of the
Bill. No Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: ''Third Reading. (House Bi1l) 3271 out of the
record. House Bill 3290, Representative Ryder. Read the
Bill, Mr. Clerka'
Clerk McLennand: ''House Bill 3290, a Bill for an Act to amend the
48
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2# 1992
Illinois Vehicle Code. Second Readinq of the Bill.
Amendment 41 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''2
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''No Floor Amendments.l'
Speaker Mcpike: ''Third Reading. House Bill 3423, RepresenfativeI
Burke. Read the Bill, Mr. Clerk, 3423.''
Clerk McLennand: ''House Bill 3423, a Bill for an Act to amend the !
Criminal Code of 1961. Second Readinq of the Bill. No
Committee Amendments.'' '
Speaker Mcpike: ''Take this out of the record. House Bill 3585,
Representative Ryder. Read the Bill, Mr. Clerke'' !
Clerk McLennand: ''House Bill 3585, a Bill for an Act to amend the
Illinois Controlled Substances Act. Second Readinq of the
Bill. No Committee Amendments.''
a . !Speaker Mcpike: Any Floor Amendments?''
Clerk McLennand: ''Floor Amendnent #1, offered by Representativei
Santiagop''
Speaker Mcpike: ''Representative Santiago, Amendment #1. Thei
Gentleman withdraws Amendment #1. Further Amendments?'!
Clerk McLennand: ''No further Amendments.''. i
Speaker Mcptke: ''Third Reading. House Bill 3588, Representative
Frederick. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3588, a Bill for an Act to create
the State Wide Organized Gan: Database Act. Second Reading
of the Bill. No Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment 42 offered by Representative
Frederick.H I
Speaker Mcpike: ''Representative Frederick.''
Frederick: BYes, thank you, Mr. Speaker, Ladies and Gentlemen of :
!
49
kL
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992 ;I
the House. Amendment 42 chanqes the language from
mandatory to permissive, in other words, it inserts the .
word 'may' for the word 'shall' has been included.''
Speaker Mcpike: ''The question is, 'Shall Amendment 42 be
adopted?' Al1 those in favor say 'aye': opposed, 'no'.
The 'ayes' have it. Amendment 42 is adopted. Further!iAmendments?''
Clerk McLelland: ''Amendment #3, offered by Representative Homerz'
Speaker Mcpike: ''Representative Homer.'l !
Homer: ''Thank you. I didn't get a chance to talk to the Sponsor
about this. I don't know if she's familiar with this
Amendment and if she wants time: I would take it, 1 would
ask that it be taken out of the record. lf not, what the
Amendment does is to...is to make all of the mandatory !;
provisions in the 3il1 permissive. It changes the word
'shall' to 'may' in each place where that word 'shall' does
appear. The reason for the Amendment is similar to the 1:previous Amendment in that this Bill creates a new
statewide organized gang database within the Department of
State Police. There is a concern about the resources I
needed to implement the program and so rather than
mandating that the program be implemented, this simply (1.gives permissive authority to the Department of State
Police, and I would be willing to accede to the Sponsor
should she want to take the Bill out of the record,
otherwise...she's waving that it's okay that we would
move...l would move the adoption of Amendment 43.%
Speaker Mcpike: ''The Gentleman moves the adoption of Amendment
#3. All in favor say 'aye' opposed, 'no'. The 'ayesft
have it, and the Amendment is adopted. Further
Amendments?''
Clerk McLennand: HNo further Amendments.''
;
50
STATE OF JLLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Mcpike: ''Third Reading. House Bill 1101. (House Bill)
4101, Representative Martinez. Read the 3i1l, Mr. Clerk.''
Clerk McLennand: ''House Bill 4101, a Bill for an Act to amend the
Criminal Code of 1961. Second Reading of the Bill.
Amendment 41 was tabled in committee.rr
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment oéfered by Representative
Martinez.''
Speaker Mcpike: *Representative Martinez.t'
Martinez: ''Thank you, Mr. Speaker, Ladies and Gentleman of this
House. Amendment numbero..Floor àmendment #1 becomes the
Bill. It's an agreed Amendment. I move its adoption.''
Speaker Mcpike: ''And on the Gentleman's Motion, Mr. Black.''
Black: ''Thank you very much, Mr. Speaker. An inquiry of the
Chair. I guess, indirectly, a question of the Sponsor.
Our notes indicate that this Amendment was to have been
tabled.''
Speaker Mcpike: ''Mr. Clerk, is the Amendment printed?''
Clerk McLennand: ''No, it is not.''
Speaker Mcpike: ''The àmendment has not been printed. Do you want
to take this Bill out of the record?''
Martinez: ''yesw''
Speaker Mcpike: ''Yes, out of the record. Senate Bill 744,
Representative Currie. Ms. Currie? Labor, Second Reading.
Representative Curran, 2982. Read the Bill, Mr. Clerk.r'
Clerk McLennand: ''House Bill 2982, a Bill for an Act to amend the
lllinois Wage Payment and Collection Act. This Bill has
previously been read a second time.''
Speaker Mcpike: ''Well, why is it being held on Second Readinq?
ïs the fiscal note filed? The flscal note has been filed.
Third Reading. House Bill 3098, Representative Novak. Mr.
Novak. Read the Bill, Mr. Clerk.''
51
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATC
140th Legislative Day May l2, 1992 I
Clerk McLennand: ''House Bill 3098, a Bill for an Act to amend the
Public Employee Disability Act. The Bill has previously
been read a second time. Waiting for a fiscal note.H
Speaker Mcpike: ''Is the note filed?'p
Clerk McLennand: ''The note is not filed.''
Speaker Mcpike: ''Mr. Novak, the note has not been filed.
Representative Black, 3264. Out of the record.
Representative Balanoff, 3407. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3407, a Bill for an àct to amend the jIllinols Wage Assignment Act.''
Speaker Mcpike: ''Out of the record. House Bill 3432, II
Representative Balanoff. Read the Dill, Mr. Clerk.''I
Clerk McLennand: ''House 3ill 3132, a Bill for an Act in relation I
to occupational health clinics. Second Reading of the
B i l 1 . ''
Speaker Mcpike: 'This...has this Bill been read a second time Ipreviously?''
Clerk McLennand: ''No it has not.''
Speaker Mcpike: ''All right. are there any Amendments?''
Clerk McLennand: ''Amendment 41 offered by Representative
Balanoff.''
Speaker Mcpike: ''Representative Balanoff, Amendment 417''
Balanoff: ''This just changes the make-up of the advlsorg...The
Amendment just changes the appointments from...to theDirector of the Department of Labor.''
Speaker Mcpike) ''Mr. Balanoff. The Gentleman moves for the
adoption of the àmendment and on that, Representative
Wennlund.''
Wennlund: 'Thank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Mcpike; ''Yes.''
Wennlund: ''Why...Why are We changing...why are you seeking to
change the membership on the Occupational Health Advisory
I
52
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Committee Who are now appointed by the four legislative
leaders and the Governor?''
Balanoff: ''So they wonft be leqislative appointments.''
Wennlund: Hl'm sorry, I can't hear.''
3alanoff: ''So they will not be legislative appointmentso''
Wennlund: ''Has there been a problem in the past thato..f'
Balanoif: MNo, no, we just thought the Department of Labor be a
better place to.m.director to make the appointments.
That's al1.''
Wennlund: ''So that the Director of the Department of Labor, under
the terms of this Amendment, would appoint a1l nine persons
to the committee.''
Balanoff: ''That's correct.''
Wennlund: ''Thank you. To the Amendment, Ladies and Gentlemen of
the House: there certainly doesn't appear to be any
compelling reason wby this Amendment should be adopted and
removing the authority of the four legislative leaders and
the Governor to appoint the nine members of the
Occupational Hea1th Advisory Committee, changing that to
the Director of Department of Labor. I see no reason at
tha: this General Assembly should change the existing
setup and framework...lt's basically a whole new Act, and I
don't think that this ought to be done just by a Floor
Amendment. There certainly appears to be no compelling
reasons whyr at this point in time, We should change.''
Speaker Mcpikek ''Mr. Balanoff, to close.''
Balanoff: ''The cbange is possibly necessary because it may be
unconstitutional to have legislative appointments to a..pto
an executive agency, and we certainly...if they say it
doesn't make any difference then letfs just put it on.''Speaker Mcpike: ''The question is, 'Shall Amendment 41 be
adopted?' All in favor say 'aye' opposed, 'no'. The
53
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
'ayes' have it, and the Amendment is adopted. Further
Amendments?e
Clerk McLennand: ''Ho further Amendments.e
Speaker Mcpike: ''Third Reading. Wyvetter Younge, House
Re...Representative Younge. Out of the record.
Transportation, Second Reading. House 3ill 1747,
Representative Laurino. Out of the record. House Bill
2741, Representative Xlemm. Read the Bill, Mr. Clerk.'''
Clerk McLennand: 'fHouse Bill 2741, a Bill for an Act relation
to adopting a highway or public area. Second Reading of
the Bill. Amendment 41 was adopted in committee.''
Speaker Mcpike: ''Any Motions?''
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment #2, offered by Representative
Klemmp''
Speaker Mcpike: ''Representative Klemm.e
Klemm: ''Wel1, thank you, Mr. Speaker, Ladies and Gentlemen of the
House. Floor Amendment 42 actually becomes the Bill. This
becomes the 3ill for Illinois Adopt-a-Highway Act. What
we've done is we have meetings with the Teamsters, with the
municipal peopler and IDOT, and we arrived at a
consolidation of some of the provisions that we had talked
about through the years. What we have done isorder...in
order to meet all the concerns oi the labor groups and of
the municipalities who wish to do the Adopt-a-Highway in
Illinois, we have limited local communities ot those
counties, townships and municipalities, but only within the
corporate limits. So what we're doing is kind of startin:
the Adopt-a-Hiqhway program in Illinois through this
Amendment and yet noE doing it Gtatewide in order to see
how the program will work? and I'd be...:'d be delighted to
54
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legi slat ive Day May 12 , 1992
nswer any quest ions # and 1 move f or i t f s adopt i on . ''a
Speaker Mcpike: ''The question is, 'Shall Amendment #2 be
adopted?' Is there any discussion? No discussion. The
question is, 'Shall Amendment /2 be adopted?' All in favor
say 'aye', opposed, 'nc'. The 'ayes' have it, and the
Amendment is adopted. Further Amendments?''
Clerk McLçnnand: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. (House Bi11) 2865,
Representative Black. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 2865, a Bill for an Act to create
the Interstate Rail Passenger Network Compact. Second
Reading of the 3i11. No Committee Amendments.''
Speaker Mcpike: HAny Floor Amendments?''
Clerk McLennand: ''Floor Amendment #l, offered by Representative
Giorgi.''
Speaker Mcpike: ''By who, Mr. Clerk? By who?''
Clerk McLennand: ''Representative Giorgi.''
Speaker Mcpike: ''Representative Giorgi, Amendment /1: The
Gentleman withdraws Amendment #1. Further Amendments?r'
Clerk McLennand: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. House Bill 2884, Representative
Burke. Mr. surke? Read the 5i1l, Mr. Clerk.''
Clerk McLennand: ''House Bill 2884, a Bill for an Act to amend the
Illinois Vehicle Code. Second Reading oi the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments? Take the 3ill out of the
record. Representative Giorgi, 2989. Read the Bill, Mr.
Clerk.''
Clerk McLennand: ''House Bill 2989, a Bill for an Act to amend the
Regional Transportation Authority àct. Second Reading of
the Bill. No Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?''
55
STATE QF ILLIHOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: ''Third Reading. Representative Flinn, 3887. Mr.
Monroe Flinn. Public Utilities, Second Reading. House
Bill 3013, Representative Hartke. Hartke. Chuck Hartke.
Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3013, a 3ill for an Act to amend the
Emergency Telephone System Act. Second Reading of the
3i11. Amendment 41 Was adopted in committee.''
Speaker Mcpike: ''Any Motiohs?''
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: HFloor Amendment #2, offered by Representative
Hartke.''
Speaker Mcpike: ''Representative Hartke.''
Hartke: ''Thank you very much, Mr. Speaker and Members of the
House. Floor Amendment /2 simply adds to the 9ll system ,
the request that the Master Street Address Guide also be
used in the impementation of this program. Appreciate your
support./
Speaker Mcpike: HAny discussion? The question is, 'Shall
Amendment #2 be adopted? All in favor say 'aye', opposed,
'nol. The 'ayes' have it, and the Amendment's adopted.
Further Amendments?''
Clerk McLennand: ''No further Amendments.''
Speaker Mcpike: ''Third Reading. House Bill 3038. Read the 3ill,
Mr. Clerk.'l
Clerk McLennand: HHouse Bill 3038, a Bill for an Act to amend the
Public Utilities Act. Second Reading of the Bill. No
Committee Amendments.''
Speaker Mcpike: ''Any Floor Amendments?ll
Clerk McLennand: ''No Floor Amendments.''
Speaker Mcpike: f'Third Readinq. House Bill 3209, Representative
56
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVBSTRANSCRIPTION DBBATE
140th Legislative Day May 12, 1992
Hoffman. J. Hoffman. House Bill 3659, Representative
McDonough. Out of the record. House Bill 3734,
Representative Schakowsky. Out of the record. House Bill
3971, Representative Cowlishaw. Cowlishaw? Ms. Cowlishaw?
Out of the record. House Bill 4026, Representative Levin.
Ellis Levin? Real Estate Law, Second Reading.
Representative White. Jesse White. Representative Hicks,
3188. Read the Bi11...Out of the record. Representative
Kubik, 3612. Mr. Kubik. Jack Kubik. Mr. Kubik. Mr.
Kubik. 0ut of the record. Representative Levin. Mr.
Levin. 0ut of the record. Professional Regukation, Second
Reading. House Bill 748, Representative McAfee. Out of
the record. House Bill 1816', Mr. Steczo. Terry Steczo.
Mr. Black, 2723. Read the Bill, Mr. Clerk.n
Clerk McLennand: ''House Bill 2723, a Bill for an Act to amend the
Illinois Nursing Act of 1987. Second Reading of the Bill.
Amendment 41 was adopted in committee.''
Speaker Mcpike: ''Any Motions?ff
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
Clerk McLennand: ''No Floor Amendmentse''
Speaker Mcpike: ''Third Readinq. House Bill 2768, Representative
Homer. Mr. Homer here? Out of the record. House Bill
2928, Representative Jobnson. Mr. Johnson. House 3ill
3096, Representative Obrzut. Mr. Obrzut. Read the Bill.
Mr. Clerk, read the Bil1.''
Clerk McLennand: HHouse Bill 3096, a Bill for an Act regulating
*he practice of industrial hygiene. Second Readin: of the
sill. Amendment 41 was adopted in committee.''
Speaker Mcpike: 'lAny Motions?''
Clerk McLennand: ''No Motions.''
Speaker Mcpike: ''Any Floor Amendments?''
57
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRCSENTATIVESTRANSCRIPTION DEBATE
l40tb Legislative Day May l2, 1992
Clerk McLennand: ''No Floor Amendments.f'
Speaker Mcpike: 'fThird Reading. House Bill 3222, Representative
Currie. Representative Hartke, 3326. Read the Bill/ Mr.
Ckerk.''
Clerk McLennand: ''House 3ill 3326, a 3ill for ap Act to amend the
Illinois Funeral or Burial Funds Act. Second Reading of
the Bill. No Committee Amendments.''
Speaker Mcpike: 'Any Floor Amendments?''
Clerk McLennand: ''Floor Amendment #l# offered by Representative
Hartke.''
Speaker Mcpike: ''Representative Hqrtke.''
Hartke: ''Thank you very much, Mr. Speaker. I gotta to ask the
question. Has it been printed and distributed yet?''
Clerk McLennand: ''No, it is not./
Hartke: HAll right, let's take it out of the record then please.''
Speaker Mcpike: ''Out of the record. Speaker Madigan, in the
Chair.''
Speaker Madigan: ''On the Order of Professional Regulations,
Second Reading, there appears House 3ill 3360. Mr. Clerk,
has the Bill been read a second time?''
Clerk McLennand: MNo, it is not.''
Speaker Madigan: ''Read the 5i1l.''
Clerk McLennand: ''House Bill 3360, a Bill for an Act in relation
to the licensing of professiohal counselors and clinical
professional counselors. Second Reading of the Bill. No
Committee Amendments.''
Speaker Madigant 'rAre there any Floor Amendments?g'
Clerk McLennandk ''Floor Amendment #l, offered by Representative
Steczo.''
Speaker Madigan: ''Mr. Steczo. The Gentleman is not in the
chamber. Does anyone...ls Mr. Steczo the chamber? Take
this Bill out of the record. House Bill 3434,
58
STATE OF ILLINOIS87th GENERAL ASSEMBLY
' HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Leglslative Day May 12, 1992
Representative Satterthwaite. Has the Bill been read a
second time?l
Clerk McLennand: ''No it is not.n
Speaker Madigan: ''Read the Bil1.H
Clerk McLennand: oHouse Bill 3434, a Bill for an Act to provide
for the regulation of geologists. Second Reading of the
Bill. Amendment 41 was adopted in committeep''
Speaker Madigan: ''Are there any Motions?''
Clerk McLennand: ''No Motions.''
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk McLennand: ''Floor Amendment /2 offered by Representative
Satterthwaite.''
Speaker Madigan: ''Representative Satterthwaite.''
Satterthwaite: ''Mr. Speaker and Members of the House, Amendment
42 is just a technical correction to correct a misprint ion
Amendment #l, and I move for the adoption of Amendment #2.,1
Speaker Madigan: ''The Lady moves for the adoption of the
Amendment. Is there any opposition? Those in favor say
'aye', those opposed say 'no'. The fayes' have it. The
Amendment is adopted. Are there any further Amendments?f'
Clerk McLennand: r'No further Amendmentsv''
Speaker Madigan: ''Third Reading. House Bill 3518. Is Mr. Steczo
in the chamber? Mr. Steczo? Okay. House 3i1l 3673, Mr.
Keane. Mr. Billlsic Clerk) is the...Mr. Clerkr has the
3ill been read a second time?''
Clerk McLennand: 1'No it has note''
Speaker Madigan: ''Read the Bi11.''
Clerk McLennand: ''House Bill 3673, a Bill for an Act to amend the
laW in relation to the regulation of funeral directors and
embalmers. Second Readinq of the Bill. No Committee
Amendments.''
Speaker Madigan: ''Are there any Floor Amendments?'f
59
E
1' l
STATE OF ILLINOIS87th GENERAL ASSBMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
Clerk McLennand: lFloor Amendment
May l2, 1992
#l, offered by Representative
Keane . ''
Speaker Madigan: ''Mr. Keane, on the Amendment.îf
Keane: ''Thank you, Mr. Speaker. House Amendment #l, or Amendment
41 to House Bill 3673 is an agreement between the funeral
directors and the Cemetary Association. Tt is an agreed
Amendment, and I move its adoption.''
Speaker Madigan: ''The Gentleman moves for the adoption of the
Amendment. On that question, the Chair recognizes Mr.
Black.''
Black: ''Thank you very much, Mr. Speaker. An inquiry of the
Chair. Has the Amendment been printed and distributed as
we do not have it?''
Speaker Madigan: Hl'm advised by the Head Page that the Amendment
has been printed and distributed. Could somedne give Mr.
Black a copy of the Amendment? Mr. Keane, does anyone have
a copy of the Amendment? Mr. Homer, would you have a copy
of the Amendment?N
Black: ''Mr. Speaker?'f
Speaker Madigan: ''Mr. Black.''
Black: ''It's my understanding that this is currently bein:
distributed, even as we speak, on your side of the aisle as
well. Would the Gentleman be willing to take this out of
the record for a few minutes until we can at least analyze
what's in this Amendment?''
Speaker Madigan: ''Yes, the Bill shall be taken from the record
and we now have found Mr. Steczo. House Bill 3787, Mr.
Regan. You ready? Mr. Clerk, read the Bill.rr
Clerk O'Brien: ''House Bill 3787, a Bill for an Act to amend the
Speaker
Boiler and Pressure Vessels Safety Act. Second Reading of
the Bill. No Committee or Floor Amendments.''
Madigan: ''Third Reading. Houge Bill 3911. Mr. Ronan?
60
STATE OF TLLINOIS i87th GENERAL ASSEMBLY jHOUSE OF REPRESENTAT:VESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Read the 3i1l.''
Clerk O'Brien: ''House Bill 3911: a Bill for an Act in relation to
pharmacies. Second Reading of the Bill. No Committee or
Floor Amendments.''
Speaker Madigan: ''Third Reading. House Bill 3941, Mr. Phelps.
Take it out of the record? Take it out of the record.
On the Order of Revenue Bills, Second Reading, there
appears House Bill 429, Mr. Curran. Is Mr. Curran in the
chamber? Mr. Curran? House Bill 451, Representative
Currie. Take it out of the record. House 3tll 1103,
Representative Currie. Take it cut of the record. House
Bill 2957: Mr. Lang. Is Mr. Lang in the chamber? House
Bill 3623: Mr. Keane. Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 3623, a Bill for an Act to amend the
Illinois Municipal Code. Second Reading of the Bill. No
Committee or Floor Amendments.'g
Speaker Madigan: ''Third Reading. House 3ill 4013, Mr. Giorgi.
Mr. Giorgi. House Bill 4013 is concerned with pull tabs.
Out of the record. House Bill 4028, Mr. Laurino. Mr.
Laurino. House Bil: 4028. It's concerned with retirement
savings. Mr. Laurino. Read the Bill.''
Clerk O'Brien: ''House Bill 4028. This Bill has been read a
second time previously, and the fiscal note has been
filed.''
Speaker Madigan: ''Are tbere any Amendments filed?''
Clerk O'srien: '1No Floor Amendments.''
Speaker Madigan: ''Third Reading. Mr. Laurino.''
Laurino: '1Mr. Speaker, the Clerk is mistaken. There was a Floor
Amendment, and was adopted last time. It WaS held on
Second Reading pending a fiscal note.''
Clerk O'grien: ''Floor Amendment 41 was adopted previously.''
Speaker Madigan: HMr. Clerk, has a fiscal note been filed?''
61
STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATB
140th Legislative Day May 1992
Clerk O'Brien: ''A fiscal note is now filed.''
Speaker Madigan: ''The Bill shall be placed on the Order of Third
Reading. Mr. Curran, you have a House Bill 429 on thè
Order oé Second Reading? Do you wish to move the Sill? On
the Order of Government Operations, Second Reading, there
appears House Bill 2573, Mr. Balanofi. Take it out of the
record. House Bill 2666, Mr. Levin. Is Mr. Levin in the
chamber? House Bill 2697, Mr. Edley. Mr. Edley? Mr.
Edley. Mr. Edley. Mr. Phelan, could you get Mr. Edley's
attention? House Bill 26977 Do you wish to move the Bill?
Okay, Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 2697, a Bill for an Act to amend the
State Prompt Payment àct. Second Reading of the Bill.
Amendments #l, 2 and 3, were adopted in committee.''
Speaker Madigan: ''Are there any Motions?''
Clerk O'Brien: ''No Motions filed.l'
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #4, offered by Representative
Edley.''
Speaker Madigan: ''Mr. Edley.'t
Edley: ''Mr. Speaker, take the iill out of the record please. will
C C C * *
Speaker Madigan: ''Take the Bill out of the record. Mr. Edley,
the next Bill is sponsored by you it's 2714. Take that out
of the record. House Bi11 2889, Mr. Matijevich. Mr.Clerk, read the Bil1.''
Clerk O'Brien: ''House Bill 2889, a Bill for an Act to amend the
Illinois Lottery Law. Second Reading of the Bill. No
Committee Amendments.'l
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Brlen: f'No Floor Amendments.''
Speaker Madigan: ''There's request for a fiscal note, Mr.
62
STATE OF ILLINOIS' 87th GEVERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DESATE
140th Legislative Day May 12# 1992
Matijevich? Has the note been filed?''
Clerk O'Brien: ''The note is not filed.''I
Speaker Madigan: rlThe Bill shall remain on the Order of Second
Reading. House Bill 2902, Mr. Matijevich. Mr. Clerk, read
the Bi1l.''
Clerk O'Brien: ''House Bill 2902, a Bill for an Act to amend the
lllinois Lottery Law. Second Readin: of the Bill. No
Committee Amendmentso''
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Brien: ''No Floor Amendmentse''
Speaker Madigan: ''Mr. Matijevich there is a request ior a iiscalnote. The Bill shall remain on the Order of Second
Reading. House Bill 2924, Mr. Matijevich. That shall betaken out of the record. House Bill 3032, Mr. LeFlore.
Mr. LeFlore. Mr. dlerk, read the Bi11.''
Clerk O'Brien: ''House Bill 3032, a Bill for an Act to amend
certain Acts in relation to purchase certain goods by the
State of Illinois. Second Reading of the Bill. Amendment
41 was adopted in committee.''
Speaker Madigan: ''Are there any Motions?''
Clerk O'Brien: ''No Motions filed. No Floor Amendments.''
Speaker Madigan: ''Third Reading. House Bill 3254,
Representative Satterthwaite. Mr. Clerk, read the Bil1.1'
Clerk O'Brien: ''House Bill 3254, a Bill for an Act to amend
certaln Acts in relation to state employment. Second
Readinq of the Bill. No Committee Amendments.'f
Speaker Madigan: ''Are there any Floor Amendments?f'
Clerk O'Brîen: ''No Floor Amendments.n
Speaker Madigan: ''There's a request for a fiscal note. Has *he
note been filed?''
Clerk O'Brien: f'The note has not been filed.''
Speaker Madigan: ''The Bill shall remain on the Order of Second
63
STATE OF ILLTNOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
Reading.
It's concerned with governmental efficiency.
May l2, 1992
House Bill 3479, Mr. Hicks. (House Bl11) 3479.
Read the
B i l 1 ''
Clerk O'Brien: uHouse Bill 3479, a Bill for an Act concerning
Second Reading of the Bill. Nogovernmental efficiency.
Committee Amendments.''
Speaker Madiganl 'fAre there any Floor Amendments?''
Clerk O'Brien: ''No Floor Amendmentse''
Speaker Madiqan: ''There was a request for a fiscal note. Has the
note been filed?n
Clerk O'Brien: ''The note has not been filed.ll
Speaker Madigan: ''The Bill shall rremain on the Order of Second
Reading. House Bill 3587, Mr. Curran. Move the Bill.
Read the Bil1.''
Clerk O'Brien: ''House Bill 3587. A Bill for an Act to amend the
State Prompt Payment Act. Second Reading of the Bill.
Amendment #las adopted in committee.''
Speaker Madigan: ''Are there any Motions?f'
Clerk OfBrien: ''No Motions filed.''
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Rrien: ''No Floor Amendments.''
Speaker Madigan: ''Third Readin:. House 3ill 3694, Mr. Leitch.
Take the 3ill out of the record. House Bill 3775, Wyvetter
Xounge. Is Wyvetter Younge in the chamber? House Bill
3779, Mr. Jap Hoffman. Ts Mr. Jay Hoffman in the chamber?
House Bill 3813, Mr. Brunsvold. Mr. Brunsvold? Mr. Clerk?
read the 5i11.''
Clerk O'Brien: ''House Bill 3813, a Bill for an Act to revise the
Uniform Commercial Code. Second Reading of the Bi1l.''
Speaker Madigan: ffAre there any Motions7''
Clerk O'Brien: ''No Committee or Floor Amendments.''
Speaker Madigan: ''Third Reading. House 3i11 3845, Mr. Hensel.
64
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Mr. Clerk, read the Bi11.''I
Clerk O'Brien: nHouse Bill 3845.,' I
Speaker Madigan: ''Take the 3i1l out of the reçord. House Bill
3946, Mr. Granberg. (House Bi11) 3946, Purchasing Act.
Take it out of the record. House Bill 3962, Mr. Black.
Out of the record. House Bill 4005, Mr. Balanoff. Mr.
Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 4005, a B(l1 for an Act to amend the
Illinois Lottery Law. Second Reading of the Bill. No
Committee Amendments.H
Speaker Madigan: t'Mr. Balanoji, there is a request for a fiscal
note which has not been filed. The Bill shall be kept on
Second Reading. House Bill 4006, Mr. Balanolf. Oh, take
it out of the record. House Bill 4160, Mr. Santiago. Mr.
Clerk, read the Bi11.''
Clerk O'Brien: ''House Bill 4160, a Bill for an Act in relation to
state employmenf. Second Reading of the Bill. This Bill
has been read a second time previously and is being held
for a fiscal note request.''
Speaker Madigan: ''Has the fiscal note been filed?''
Clerk O'Brien: ''The fiscal note is not filed.''
Speaker Madigan: ''Mr. Santiago.''
Santiago: ''Mr. Speaker, 1 requested a fiscal note 10 days ago on
this Bill and the next sill that I'm going to call. I
think that CMS (s dragging their feet. It is dilatory and
I wish to move my Bill, so I move that the request is
inapplicable.''
Speaker Madigan: ''The Gentleman has moved that the request for a
fiscal note does not apply. On that question, those in
favor signify by votin: 'aye', those opposed by voting
'no'. The requirement here is a majorlty of those voting.I
Have al1 voted who wish? Have al1 voted wbo wish? HaveII
65
STATE OF ILLINOIS87th GENERAL ASSEMBLVHOUSE OF REPRZSENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
al1 voted who wish? The Clerk shall take the record. On
tbis question there are 70 'ayes' and 40 'noes' and the
Motion is adopted. Mr. Clerk, anything further?''
Clerk O'Brien: ''No Floor Amendments.''
Speaker Madigan: '.'The Bill shall be placed on the Order of Third
Reading. House Bill 4162, Mr. Santiago. Mr. Clerk, read
the Bi1l.''
Clerk O'Brien: ''House Bill 4162. This Bill has been read a
second time previously and is being held ior a fiscal note
request.''
Speaker Madigan: ''Mr. Santiagop''
Santiaqo: ''Same request, Mr. Speaker.''
Speaker Madigan: ''The Gentleman moves that the request for a
fiscal note does not apply. Those in favor signify by
voting 'aye', those opposed by voting 'no'. Have all voted
who vish? Have all voted Who wish? Mr. Black.''
Black: ffThank you very much, Mr. Speaker. Certainly he's going
to have the votes to prevail, but I think we're setting a
precedent here. have no doubt that the Gentleman asked
for a fiscal note, but, in all honesty, we usually end up
with a copy of the note and of the Representative's request
for that note to be filed, or that request to be answered.
ln the absence of such letters, I think we should be very
careful when we rule these notes, 'not applicable'.
don't doubt the Gentleman's integrity, but we have no
record that he's ever asked the agency for such a note.
he could share that with us, then we'd be glad to join in
his request.''
Speaker Madigan: ''Have all voted who wish? The Clerk shall take
the record. On this question there are 65 'ayes', 44
'noesl. The Motlon is adopted. Mr. Clerkr anything
further?''
66
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992I
Clerk O'Brien: ''No Floor Amendmentso'' '
Speaker Madigan: ''Third Reading. On the Order of Education
. Finance, Second Reading, there appears House Bill 695, by
Mr. Hicks. Mr. Hicks, 695. Out of the record. Mr. Hicks,
House Bill 809. Out of the record. House Bill 3249. 0ut
of the record. House Bill 3799, Representative
sattert%waite. Mr. clerk, read the Bill.'''
Clerk O'Brien: ''House Bill 3799, a Bill for an Act in relation to
educational finance. Second Reading of the Bill. No
Committee Amendmentsp''
Speaker Madiqan: ''Any Floor Amendments?''
Clerk OfBrien: ''Floor Amendment #l, offered by Representative
Granberg.''
Speaker Madigan: ''Mr. Granberg on Amendment #l. Mr. Granberg?
Amendment 41.'1
Granberg: ''Mr. Speaker, could we withdraw Amendment 41 and
proceed to Amendment #2, please?''
Speaker Madigan: ''Withdraw Amendment I and then on Amendment 41
Mr. Granberq. Mr. Granberg, Amendment 42.''
Granberg: 'lThank you, Mr. Speaker, Ladies and Gentlemen of the
House. Amendment #2 eliminates the flat grant program for
the state...school aid formula for the State Board oi
Education. It would adversely impact those areas that have
the flat grant program; it would eliminate approximately 70
million dollars which would be redistributed to other
portions of the state, and I would move for its adoption.''
Speaker Madigan; ''Mr. Granberg moves for the adoption of the
Amendment. On that question, the Chair recognizes
Representative Satterthwaite.''
Satterthwaite: ''Mr. Speaker and Members of the House, regardless
of the content of the Gentleman's Amendment, this Bill,
House Bill 3799, was introduced to be a vehicle for the 1
I
67
STATE OF ILLINOIS87th GBNERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCR:PTION DEBATE
140th Legislative Day May 12, 1992
proposal that will come out of the State Finance Task
Force. That Amendment that I planned to put on the Bill is
not yet ready. I would prefer to have the Bill just as avehicle at this point to preserve it for that original
purpose. Hovever, the Gentleman has the right to bring his
Amendment to our attention and would simply vote'
present' on that Amendment and let the Members decide What
they want to do on the issue in the Amendment.''
Speaker Madigan: ''On the Amendment, Mr. Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Madigan; ''The Sponsor yields.''
Black: ''Representative, when you talk about tbese flat rent
districts, these would be/ assume, the 71 wealth#est
districts in the state, would they not?''
Granberg: ''7es, Representativex''
Black: ''How much money did you say would be saved by eliminating
them from the flat grant formula?''
Granberg: ''Representative Black, it is my understanding
approximately 70 million dollars would be saved by the
elimination of this program.''
Black: ''A1l riqht, does your Amendment say where that money qoes?
Does become just a savfngs put back a GRF or put intothe existing formula?''
Granberg: ''Representative, it's also my understanding that when
you talk about elimination, this would roll that money
over, those dollars over, into the school aid formula,
which would help districts like yourswf'
Black: commend you for trying to help my school districts.f'
Granberg: ''1'm always thinking about you, Representative.''
Black: ''And I certainly appreciate that and it appears to be a
rather good Amendment to me. Thank youo''
68
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRSSENTATIVESTRANSCRIPTION DEBATE
110th Legislative Day May 12, 1992
Speaker Madigan: ''Mr. McNamara.''
McNamara: ''Thank you, Mr. Speaker. One of the problems that we
have with the elimination of the flat grants is it is the
expressed intent of this Amendment to either kill
Representative Satterthwaite's Bill or to possibly
eliminate some of the funding from some of the schools so
that they can be teetered into other districts. By feeding
it into the school aid formula, do not fool yourselves, all
of the suburban districts will lose the only amount of
state aid that they can possibly get for schools. What was
really happening on this institution, it's a way of again
trying to get as much of a part of a pie for one specific
area when some of those school districts already are
receiving twice the amount of money that other districts
are. It is extremely important that we defeat this
Amendment and continue on with the program and allow the
task force to do there job they have to come up with a newschool aid formula. Thatfs really the culprit. Doing it
piecemeal will not work.''
Speaker Madigan: ''Mr. Weaver.''
Weaver: ''Thank you very muchr Mr. Speaker. Ladies and Gentlemen
of the House, I rise in support of this Amendment, not
necessarily because of the financial impact it will have on
downstate school districts, but because of the idea it
represents. The previous speaker just addressed the need
for the very rich districts to have ilat grantsp but let me
tell you, in a district that is already spending $12,000
per student, $200 more is peanuts. It means nothing to
them. They'd just as soon do away with the mandates asthey would this flat grant. ; think it's a step in the
right direction, not only in terms of fairness, but to put
the emphasis where we need it and that's on the formula
69
STATE OF ILLINOIS87th GENBRAL ASSEMBLYHOUSE OF REPRESBNTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
itself. ï think it's a great Amendment andr I wish I would
have thought of it myself.''
Speaker Madiqan: ''Mr. Steczop''
Steczo: ''Thank you, Mr. Speaker, Members of the House. think
the key word, the key word in this debate thus far, is
'fairness'. The fact is we recognized as a General
Assembly a long, lonq time ago in fact, that people from
all over the state pay their income taxes part of the
income taxes go under the state aid formula and come back
to those districts. Many years ago, We also realized that
because of the way the school aid formula works, that some
districts probably were not go#ng to get anything back at
all, so as a gesture to them, we decided to develop flat
grants, alternate grants, so at least from the state of
Illinois point of view, those districts, which we may
consider to be wealthy but who get 7% or less of their
money from the state, at least have something from us to
thank them for the financial support that they give schools
in the rest of the state. On the other hand, on the other
band, there are many school districts in this state, needy
or not, that get far more than any constitutional goal that
we have from the state terms of their school fundinq.
There are districts downstate that receive 55, 60, 65 and
70% of their funding from our state general...from our
qeneral state aid formula. If you want to talk about
fairness, notwiybstanding the fact that we need a neW state
aid formula desperately, if We are qoing to say, 'Flat
qrant people we're going to disallow those flat grants from
yo'u', to be fair, we sYould cap the amount of money that
downstate districts get to no more than 51% of tbeir
operating costs. That would be fair. This is
discriminatory; this is a bad Amendment and should be
70
iSTATE OF ILLINOIS .
87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
defeated.''
Speaker Madigan: 'rRepresentative Cowlishaw?''
Cowlishaw: ''Thank you very much. Mr. Speaker. First, Mr.
Speaker, may please, would like to ask for a
recorded Roll Call Vote on this Amendment and would like
to inquire, please, 1 might have the opportuntty to ask
for a verification if the Amendment appears to fail, and I
would like to know if I might ask the Sponsor of the
Amendment a question.''
Speaker Madigan: ''The Sponsor yields.l'
Cowlishaw: ''Thank you very much. Representative Granberg, did
you intend, perhaps, to come along with a third Amendment
that said that since we would no longer...there would no
longer be any flat grants, there would then be school
districts in Illinois that receive not one single penny
from the State of Illinois for the support of their local
schools? Did you intend to exempt those school districts
then from the state mandates?''
Granberg: ''Representative Cowlishaw, I'm just discussinq in termsof equtty and in terms of school districts that cannot
afford to spend any money on their school children and
because of our Constitution, we feel that every school
child, every child: should kave the right to the same
quality of education. In our poorer school districts, in a
1ot of these school districts, we don't have the luxury of
havinq a nuclear power plant: we don't have the luxury of
these factories, so we have to look to equity, and we're
looking to like the State of Massachusetts did, taking
those districts that have that maximum property tax and
redistributing that to the poorer school districts.''
Cowlishaw: ''Yes, Representative Granberg, I understand al1 that,
but that does not answer my question. The question was,
71
STATE OF ILLINOIS87th GENBRAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
'Is it your intention that if we have school districts that
receive no money whatsoever, from the State of Illinois,
that those districts should be exempt from the mandates?''
Granberg: ''Representative...''
Cowlishaw: ''The answer is either 'yes' or 'no' ''
Granberg: ''Not necessarily. Representative, there is no
Amendments, but I think Representative Steczo and others
are looking at the whole mandates issue and I look forward
to hearin: what they recommend.''
Cowlishaw: ''Thank you, Mr. Speaker and thank you, Representative
Granberg. To the Amendment, I agree with the comments made
by Representative Steczo earlier, but most of all I think
that this Amendment, although it may be something that we
may eventually want to adopt, I think it is premature. The
Task Force on School Finance just met this morning from 9a.m. to noon. This is one of the issues that was discussed
by the task force, which this General Assembly agreed to
help to create and which has got the obligation to bring to
us suggestions about just such issues as whether we ouqhtto continue to have flat qrant districts, so 1 think this
is premature and thtnk that is probably not a good
idea to do any more tinkering with anything having to do
with school funding until the Task Force on School Finance
has made its recommendations. Therefore, J would suggest a
'no' vote on the Amendment.''
Speaker Madigan: ''The question is on the Amendment. Those in
favor of the Amendment vote 'aye', those opposed vote 'no'.
Have a11 voted who wish? Have all voted who wish? Have
a1l voEed who wish? nepresentatlve Frederick? Have all
voted who wish? The Clerk shall take the record. On this
question, there are 41 'ayes' and 57 'noes' and Mr.F
'
Laurino seeks recognition. Record Mr. Laurino as laye'.
72
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Record Mr. Rice as 'aye'. Record Mr. Santiago 'aye'.
Record Mr. Preston as 'aye'. Record Mr. Morrow as 'aye'.
Record Mr. Turner as 'aye'. Record Mr. Burke as 'aye'.
Record Mr. Phelan 'aye'. Record Representative Flowers
'aye'. Record Mr. Williams, 'aye'. Record Representative
Trotter as 'ayef. Record Mr. Balanoff as 'aye'. Record
Representative Monique Davis as 'aye'. Record Mr. Homer as
'aye'. Record Representative Shirley Jones as 'aye'.
Record Mr. Rotello as 'aye'. Record Representative Stepan,
'aye'. Record Mr. Martinez as 'aye'. Record Mr. Bugielski
as 'aye'. Record Mr. Farley 'aye'. Record Mr. Burzynski
as 'aye'. Mr. Ropp, 'aye'. Mr. Delaegher 'aye'. Have a11
voted who wish? Have all voted who wish? The Clerk shall
take the record. on this question there are 61 'ayes' and
44 'noesl, and I believe that Representative Cowlishaw
requested a verification. Representative Cowlishaw.''
Cowlishaw: ''Thank you, Mr. Speaker. Considering the disparity in
the votiqg, think would just be a waste oi the Housetime to seek a verification, so I withdraw that request,
but thank you, Mr. Speaker.rr
Speaker Madigan: ''Thank you. Are there any further Amendments?
The Amendment is adopted. Are there any further
Amendments?''
Clerk OlBrien: ''Floor Amendment #3, offered by Representative
McKamara.'l
Speaker Madigan: ''Mr. McNamara, on Amendment #3.,1
McNamara: ''Thank you, Mr. Speaker. What Amendment 43 does is
make even fairer for a11 of the people in Cook County,
Dupage County, many of 'the people throughout this state Who
do not get 50% of the fundins for their schools. We think
that perhaps it ig very fair that al1 of those people who
do not :et the 50%, which includes Chicagop that those that
73
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBKTE
140th Legislative Day May l2: 1992
get 50% or more should give that money back above 51%, they
should give that back to the school aid formula to
redistribute it in the formula, so that everyone in the
state can be treated fairly. We do know that there are
only approximately 40% of the schools that get over the
51%, so in order to be totally fair about this, 1111 urge
for the approval of this Amendmento''
Speaker Madigan: ''The Gentleman moves for the adoption of the
Amendment. On that question, the Chair recognizes Mr.
Black.'r
Black: ''Yes, thank you very much, Mr. Speaker. Will the Sponsor
yield?''
Speaker Madigan: f'The Sponsor yields.'l
Black: ''Representative, in your Amendment, how do you define
'total costd?''
McNamara: ''The intent of the Amendment is that the total cost of
the educational funding. I don't have a copy of in
front of me.''
Black: ''Yes, I don't think that's clear in the Amendment and
quite frankly, if you want to go 51% of the total cost of
the school budget I have no objection to that, but I don't
think that's what you want. would suggest that your
Amendment is not properly drawn and will not really do to
the poor downstate school districts, which I try so ably to
represent, it will not do to them what you think it will do
to them. We could probably live with this as it is
written.''
McNamara: ''I don't think that that is correct. I think that,
seeing that you had voted on the previous issue, whicb
would skew the money in a different area, and the poor
suburban school districts that just happen to have a high
assessed valuation for land and can't possibly give the
74
STATB OF ILLINOIS87th GBNERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day . May l2, 1592
amount of education that your poorer districts downstate '!
does, yes, ! believe thts Amendment does precisely what ;II
it's supposed to be doing and I think it's just in the area jof fairness, it is only fair to make it throughout the
state.''
Black: ''Oh, okaye thank you very much. Mr. Speaker, Ladies and
Gentleman of the House, to the Amendment. Nowhere in this
Amendment do I find any language that says educational
fund, or funds, or any combination thereof. It simply says
5l% of the total costs incurred by Ehe district. This
Amendment may very well encourage certain poor downstate
and Chicago districts to increase their costs, and I don't
think the Amendment will do what the Gentleman wants to do.1
I guess youbll just have to vote your conscience.''Speaker Madigan: ''Representative Satterthwaite.''
Satterthwaite: rrMr. Speaker and Members of the House, as I
explained earlier, the aill is meant to be a vehicle for1
the product of the School Finance Task Force. The
Genyleman's Amendment, 1 believe acts counter to what our
requirement is by the courts: To try to help those school
districts with the least amount of resources to come up to
some floor of acceptability for an adequate education for
each ot the children in each of the school districts. I
believe that if this Bill, this Amendment, were to become
law, it would, in fact, be struck down by the courts as
being counter to what we try to do with our resource
equalizer formula, and 1 would recommend a 'no' vote on the
Gentleman's Motion.''
Speaker Madigan: ''Representative Cowlishaw.fr
Cowlishaw: ''Thank you very much, Mr. Speaker. I have the ,
1:reateàt respect for the Sponsor of thls Amendment and, i
igenerally, kould be very reluctant to oppose anything tbat 1
. 1!
75
STATC OF ILLINOJS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
hee..that he wanted to offer to us.
May 12, 1992
for the sameHowever,
reasons that Representative Steczo and tried to point
out, on the prior Amendment, the Task Force on School
Finance is still trying to come forward with
recommendations that would look at al1 of the school
funding issues as one large issue that really needs to be
addressed. To tinker with things like this doesn't really
address that major overall issue, and I think we really
ought to wait untii the task force recommendations have
been received and for that reason and that reason only, I
stand in opposition to this Amendment.''
Speaker Madigan: ''Mr. Weaver.''
Weaver: ''Thank you very much, Mr. Speaker. Will the Sponsor
i e ld plea se ? ''Y '
Speaker Madigan: ''The Sponsor yields.''
Weaver: fRepresentative McNamara, your Amendment, I'm trying
to understand the intent here, your intent is to prohibit
any school district from getting more than 5l% of their
total cost through the tormula. Is that correct?
McNamara: ''No, my intent of this Amendment is to point out how
ludicrous the previous Amendment was. The fact is...''
Weaver: ''Well, you could have said that in debate.e
McNamara: *The fact is that vhen you try to grab a group in this
General Assembly and you say you can build 61 votes and
because of that you will deprive children in this state of
the money that is required that this state put into 'em
that's ludicrous, and this Amendment is trying to show how
stupid, how obnoxious, the theory is that 61 people can
come along and deprive money irom other people in this
state and deprive children from the education that they
should have. That'g khat's Wrong. I had no intention of
continuing with this Amendment had the other one not
76
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
passed, but we showed ourselves here: what the power of
this House can be when it is wired as to hoW you can screw
this one or that one for your own personal viewpoint. That
is wrong. That's obnoxious. That's the reason this
Amendment is here, and I urge that if we're going to do
anything, we put this Amendment on for one simple reason:
to show that we either take both of them off and pass the
Bill the way was going to, but not to try to screw
somebody else. That's not what we're elected for. hope
that answers your question.''
Weaver: HWe11, that was a qreat answer, but it wasnft really to
the question I asked. Mr. Speaker, to the Bill, to the
Amendment, the Gentleman, by his own admission, has just
indicated that this Amendment is ludicrous, it's stupid,
and it does everything to undo what the previous Amendment
does, and 1, for one, don't believe that two wrongs make a
right. And nor do two stupids make anything smart.
think what we need to do is take a look at this Amendment
on its own face, which basically says any school district
that gives more than 5l% of its money to the formula, that
money will be taken away, and, I assume, put back to the
formula. It's drafted incorrectly. It's the wrong idea,
and by the Sponsor's own admission, it's a stupid idea. lt
ought to be voted down.''
Speaker Madigan: ''The question is, 'Shall the Amendment be
adopted?' Those in favor siqniiy by voting 'aye'r those
opposed by voting 'no'. Have a11 voted who wish? Have a1l
voted who wish? Have all voted who wish? Please record
yourselves. Have all voted who wish? Have a1l voted who
Wish? Have all voted who wish? The Clerk shall iake the
record. On this question, there are 56 'ayes', and 49
'noes'. The Amendment is adopted. Are there any further
77
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATJVESTRANSCRIPTION DEBATE
140th Legislative Day
Amendments?''
Clerk O'Brien: ''No further Amendments.''
Speaker Madigan: ''Third Reading. On the Order of Constitutional
Officers, Second Reading, there appears House Bill 3020,
Mr. Barnes. Representative Barnes? Representative Barnes?
Barnes. Mr. Clerk, read the Bi11.''
Clerk O'Brien: ''Ho' use Bill 3020, a Bill for an Act to amend the
Illinois Vehicle Code. Second Reading of the Bill. No
Committee Amendmentso''
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, ofiered by Representative
Barnes.''
Barnes: ''Wish to table Amendment 41 because of its flawness.
Withdraw.''
Speaker Madigan: rrMr. Clerk, was Amendment 41 adopted in
committee?''
Clerk O'Brien: ''No. It was a Floor Amendment.''
Speaker Madigan: ''A1l right, Amendment 41 shall be withdrawn, and
the Lady moves for the adoption of Amendment #2. Is there
any discussion on Amendment #2? Those in favor say 'aye',
those opposed say 'no'. The 'ayes' have it. The Amendment
is adopted. Are there any further Amendments?''
clerk O'Brien: f'No further Amendmentso''
Speaker Madigan: ''Third Reading. House Bill 3310, Mr. Hicks.
Mr. Hicks. House Bill 3310, Vehicle Codes, special mayor's
plates. Mr. Clerk? read the Bi11.''
Clerk O'Brien: ''House Bill 3310, Bill for an Act in relation to
special plates. Second Reading of the Bill. No Committee
or Floor Amendmentso''
Speaker Madigan: ''Third Reading. House Bill 3445, Representative
Currie. Representative Currie. House Bill 3741, Mr.
McGann. Mr. Clerk, read the Bill.''
May l2, 1992
78
. STATE OF ILLINOIS87th GENERAL ASSEM3LY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992i
Clerk O'Brien: ''House 5ill 3741, a Bill for an Act to create theI
State Bond Board. Secopd Reading of the Bill. No1Committee Amendments.''
Speaker Madigan: ''Are there any Floor Amendments?l'
Clerk O'3rien: ''Floor Amendment #l, offered by Representative
McGann.'î
Speaker Madigan: ''Mr. McGannef'
McGann: ''Yes, thank you, Mr. Speaker, Members of the Assembly.
Amendment #1 to House Bill 3741 creates a shell Bill. The
reason for this shell Bill is wefve been working with the
Governor's Office relative to the state bonding. The Bill
oriqinally proposed to have a State :ond Board/ with the
Governor, and the Treasurer and the Comptroller, but in the
aftermath, I told the committee I'd work with those
concerned about this creation. It's the feeling of the
Governor's Office that we should work a little bit better
on it and try to come up with a program that's going to be
beneficial in knowing exactly where al1 the bonding is at,
and what the terms and so torth are cohcerned. So it is
the intention to send this Bill as a shell Bill over to the
Senate. Hopefully, by the time it will be called over '
there, that we will have worked out a program that will be
acceptable to both Houses. So :'d ask your support of
Amendment #1.'' '
Speaker Madigan: ''The Gentleman has moved for the adoption of
Amendment #l. There being no discussion on that question,
those in favor of the Amendment say 'aye', those opposed
say 'no'. The 'ayesl have lt. The Amendment is adopted.
Are there any further Amendments?''
Clerk O'Brien: ''Floor Amendment #2, offered by Representative
Hasara.'' i
1Speaker Madigan: ''Representative Hasara. Withdraw the Amendnent.1
79
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Are there any further Amendments?''
Clerk o'Brien: ''No further Amendments.''
Speaker Madigan: ''Third Reading. Mr. McGann, I'm advised that
there is a request for a fiscal note on the Bill. Mrt
Clerk, has the note been filed?''
Clerk O'Brien: ''The note has not been filed.''
Speaker Madigan: l'The Bill shall be placed on the Order of Second
Reading. For what purpose does Mr. McGann seek
recognition?''
McGann: ''1 don't believe that the fiscal note is explicable (sic
applicable) to thls shell Bill, and I would ask the maker
of the request to withdraw ito''
Speaker Madigan: ''Mr. McGann, the request for a fiscal note has
been withdrawn. The Bill shall be placed on the Order of
Third Readinq. House Bill 4119 shall be taken out of the
record. And now on the Order of Government Operations,
Second Reading, there appears House Bill 4005, by Mr.
Balanoff. Mr. Clerk, House Bill 4005. I believe that the
fiscal note has now been filed?''
Clerk O'Brien: ''The Bill has been read a second time previously,
and the fiscal note is filed./
Speaker Madigan: ''Place the Bill on the Order of Third Reading.
House Bill 4006, by Mr. Balanoff. Again, I believe that
the fiscal note has been filed.''
Cïerk O'Brien: ''We havenft read the Bill yet.''
Speaker Madigan: ''Okay, Mr. Clerk, on House Bill 1006, read the
Bi1l.''
Clerk O'Brien: ''House Bill 4006, a Bill for an Act to amend the
Illinois Lottery Law. Second Reading of the Bill. No
Committee or Floor Amendments.''
Speaker Madigan: ''And the fiscal note hag been filed?'l
Clerk O'Brien: ''The fiscal note is filed.''
80
STATE OF ILLINOIS87th GENBRAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DCSATE
140th Legislativb Day May l2, 1992
Speaker Madigan: PThe Bill shall be placed on the Order of Third
Reading. On the Order of...On the order of Municipal
County and Conservation, Second Reading, there appears
House Bill 2812, by Mr. Homer. The Chair recognizes Mr.
Homer./
Homer: ''Mr. Speaker, would ask...''-
Speaker Madiqan: ''Mr. Homer.''
Homer: 'Q s that Bill presently on Second Reading?''
Speaker Madigan: '1Mr. Clerk, what is the status of this Bill?''
Clerk O'Brien: ''The Bill was read a second time previously today
and moved to Third Reading.''
Homer: ''Your, Mr. Speaker, l would ask leave to return the Bill
to the order of Second Reading for the purpose of an
Amendment.''
Speaker Madlgan: ''The Bill shall be placed on the Order of Second
Readinga''
Homer: 'Q would ask at this time leave of the Body to table
Amendment #2, which was adopted previously.''
Speaker Madigan: KLeave is granted. Using the Attendance Roll
Call. The Amendment shall be tabled. Are there any
further Amendments? Mr. Homer.''
Homer: 'fThank you, Mr. Speaker. would now move that the House
adopt House Amendment #l. Let me justr let me brieily
expla#n if I may. Okay, the board reflects..mMy Motion is
to adopt House Amendment #1, Mr. Clerk. Very briefly, Mr.
Speaker, the...1 would ltke to explain the reason for this
House Amendment. A year ago, Cook County Board came before
us and asked to increase the filing fees in certain court
matters. Before the Btll went through the entire process,
however, there was an Amendment added that also increased
substantially, doubled in many casesr the court fees for
all counties in excess of 180,000 population. One of the
81
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislatlve Day
counties that
May l2, 1992
represent, peoria County, has a population
of approximately 182:000. They were neither aware ofr nor
in support oi, the Bill that passed last year. Nor were, I
would submit, any of the Legislators aware that Peoria
County had been included by the effect of that Amendment.
As a consequence of the Governor signing that 3il1, filing
fees for litigants Peoria County, in many cases, doubled
while counties the same circuity including Tazewell
County just across the river, of almost the samepopulation, remained in the lower fee category. There were
those who said that that was unfair and that the higher
fees Would deny access to the courts, of those without
funds to file the fees. And, because of the fact that
there had been no hearing on this matter, I had introduced
this leqislatiMn that originally make permissive the
lowering of the fees in Peoria County. Since filed that
Bill it has been brought to my attention that members of
the county board had indicated that they would not even
give hearing to considerations for lowering the fees.
Since that time, however, since the adoption of Amendment
#2, I have had conversations with county officials who have
assured me that, in factt this 9ill is made permissive
that a full hearing by that board will be afforded those
who object to the dramatic increases in fees imposed lastyear. Therefore, Mr. Speaker, 1 have tabled the mandatory
Amendment 42 and would tnstead offer Floor Amendment #l,
which i: permisGive tbat adopted, would say that in
Peoria County, only, that the county board would have
authority and jurisdiction to lower any fees that wereralsed last year by virtue of that Iee increase Bill. And
so, would move...l would answer any questions, but
would urge the adoption of Amendment 41 to House Bill
82
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRTPTION DEBATE
140th Legislative Day
2812.'6
Speaker Madigan: ''The Gentleman moves for the adoption of tbe
Amendment, and the Chair recognizes Mr. Wennlund.''
Wennlund: ''Thank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Madigan: ''The Sponsor yields.''
Wennlund: ''Yes, Representative Homer: what counties will be
affected? The Amendment describes any county that is
bordered by the Tllinois River. What counties other than
just...l understand your intent.o.''Homer: ''If there is only one county in the state afiected, that
would be Peoria County. It's the only county with a
population over 180,000 that borders the Illinois River.''
Wennlund: ''And this Am#ndment, then, would permit the County
Board of Peoria County to adopt a lower fee schedule than
surrounding counties?''
Homer: ''Throughout, yes, for court filing fees in Peoria County
this would be permissive and give the county board the
authorization to lower the fees.''
Wennlund: HAnd it affects no other county in the state?''
Homer: ''That's correct.H
May l2, 1992
Wennlund: ''Thank you very much.''
Speaker Madigan: ''On the Amendment, the Chair recognizes
Leitch.''
Leitch: ''Thank you, Mr. Speaker, Ladies and Gentlemen of tbe
House. 1, too, would like to rise in support of the
Gentleman's Amendment. 1 had a Bill which would have done
the same thing, only would have permitted all of, all
the counties to set their own fees. think they ought to
be able to set their own fees, but that apparently is not
going to make it. This is the next best thing, and 1
commend the Gentleman for his Bill and for his Amendment
and would urge Members on our side to support itm''
83
STATE OF ILLJNOIS87th GBHERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Madigan: ''Those in favor of the Amendment say 'aye',
those opposed say 'no'. The 'ayes' have it. The Amendment
is adopted. Are there any iurther Amendments?''
Clerk O'Brien: ''No further Amendments.''
Speaker Madigan: PThird Readlng. On tbe Order of State Budgetf
Second Reading, there appears House Bill 2833, Mr. Mcpike.
Mr. Clerk. read the Bi1l.''
Clerk O'Brien: ''House Bill 2833, a Bill for an Act to amend the
Build Illinois Bond Act. Second Reading of the Bill. No
Committee or Floor Amendments.''
Speaker Madigan: ''Third Readinq. House Bill 2834, Mr. Mcpike.
Mr. Clerk, read the Bi1l.'1
Clerk O'Brien: ''House Bill 2834, a 3ill for an Act to amend the
General Obliqation Bond Act. Second Reading of the Bill.
No Committee or Floor Amendments.''
Speaker Madigan: lîThird Reading. On the Order of Elections,
Second Reading, there appears House Bill 3562/
Representative Schakowsky. Representative Schakowsky,
House Bill 3562. Election Code. Out of the record. House
Bill 3564, Representative Stern. It's an Election Code
3ill. Mr. Clerk, read the Bi11.''
Clerk O'Brienl ''House Bill 3564, a 3i1l for an Act to amend the
Election Code. Second Readin: of the Bill. No Committee
or Floor Amendments.''
Speaker Madigan: ''Third Reading. House Bill 3565, Mr. Clerkp
read the Bill.''
Clerk O'Brien: ''House Bill 3565.''
Speaker Madigan: ''Mr. Clerk, take thts Bi11 out of the record.
On the Order of Hea1th Care, Second Reading, there appears
House Bill 1516, Mr. Mautino. Mr. Clerk, ' read the Bill.
Mr. Mautino? Out of the record. House Bi1l 2774, Mra
Anthony Xoung. (House Bil1) 2774, Mr. Anthony Young. Take
84
STATE OF ILLINOIS87th GENERAL ASSEMBLY
I HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2: 1992i
this out of the record. House Bill 3160, Mr. Phelps. Mr.
Phelps. House Bill 3160, rural health care. Mr. Clerk,
read the Bi11.''
Clerk O'Brien: ''House Bill 3160, a Bill for an Act to amend the
. Illinois Rural Downstate Health Act. Second Reading of the
Bill. Amendment 41 was adopted in committeew''
Speaker Madigan: ''Mr. Phelps, on Amendment 41 is there a Motion?''
Clerk O'Brien: ''No Motions filed. No Floor Amendmentse''
Speaker Madiqan: ''Third Reading. House 3ill 3164, Mr. Phelps.
Mr. Clerk. read the Bill.'' .
Clerk O'Brien: ''House Bill 3164, a Bill for an Act to amend the
Civil Administrative Code of Illinois. Second Reading of
the Bill. No Committee Amendments.''
Speaker Madiqan: ''Are there any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Phelps.''
Speaker Madigan: ''I'm advised that the àmendment has not been
printed. The Bill will be taken out of the record. House
Bill 3638, Representative Stepan. Out of the record.
House Bill 3651, Mr. Lang. Mr. Lang. Out of the record.
House Bill 3687, Mr. Weller. Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 3687, a Bill for an Act to establish
and evaluate alternative health care delivery models in the
state. Second Reading of the Bill. Amendment #1 Was
adopted in committeeo''
Speaker Madiqan: ''Is there a Motion?''
Clerk O'Brlen: ''No Motions flled.'?
Speaker Madigan: ''Are there any Floor Amendments?''
Clerk O'Brien: ''Floor Amendment #2, offered by Rep/esentative
Weller and Ronan.''
Speaker Madigan: ''Mr. Weller.''
Weller: ''Amendment #2, pleage.''
85
I
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Speaker Madigan: ''Proceed, Mr. Weller.''
Weller: ''I'd like to, I'd like to withdraw Amendment 42 and
proceed with Amendment #3, Mr. Speaker.''
Speaker Madigan: ''Withdraw Amendment #2, and on Amendment 43 the
Chair recognizes Mr. Weller.e
Weller: ''Thank you, Mr. Speaker. Amendment 43 to this
legislation adopts technical changes that were requested by
the Department of Public Health and recommended: also, by
the Acute Care Task Force, established by the Legislature
this past year. It also adds another alternative health
care delivery model, theoo.calling for sub-acute care to be
tested as put one of the delivery models that is
considered. know of no opposition. The members of the
Acute Care Task Force have seen the copy of the Amendment,
and 1 would ask for its adoption.''
Speaker Madigan: ''The Gentleman moves for the adoption of the
Amendment. Those in favor say 'aye', those opposed say
'no'. The 'ayes' have it. The Amendment is adopted. Are
there any further Amendments?''
Clerk O'Brien: ''No Further Amendments.''
Speaker Madigan: ''Third Reading. House Bill 3748, Mr. White. Is
Mr. White in the chamber? House Bill 3796, Mr. phelps.
Mr. Phelps. Mr. Clerk, read the 3i11.''
Clerk OfBrien: ''House Bill 3796, a Bill for an Act to amend the
Nursing Home Care Act. Second Reading of the Bill. No
committee Amendments or Floor Amendments.''
Speaker Madigan: ''Third, Mr. Phelps. Okay, hold the Bill on
Second Reading. House Bill 3818, Mr. Leitch. (House Bi1l)
3818, Public Hea1th Fees. 0ut of the record. Take the
Bill out of the record. House Bill 3854, Mr. Phelps. Mr.
Phelps, 3854. Mr. Clerk, read the 3il1.''
Clerk O'Brien: ''House Bill 3854, a Bill for an Act concerning
86
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESBNTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
local board of health. Second Reading of the Bill. No!
Committee Or Floor Amendments.'' !1
''Third Reading. House Bill 3884, Mr. Jay lSpeaker Madigan:
Hoffman. Ts Mr. Jay Hoffman in the chamber? 0ut of the
record. House Bill 3908, Mr. Ronan. The Chair recognizes
Mr. Kulas. Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 3908, a Bill for an Act to amend the
Illinois Insurance Code. Second Reading of the Bill.'
jAm
endment 41 was adogted in committee.'' 1Speaker Madigan: ''Is there a Motion?e
Clerk O'Brien: ??No Motions filed. No Floor Amendments.''
Speaker Madigan: ffThird Reading. House Bill 3965, Representative
Davis. Monique Davis. Mr. Clerk, read the Bi11.''
Clerk O'Brien: ''House Bill 3965, a Bill for an Act concerning
treatment of substance abuse. Second Readin: of the Bill.
No Committee Amendments.''
Speaker Madigan : '' I am advi sed ihat the Amendments have not been
rinted . So , the Bi 11 wi 11 have to be taken out of the 'P
record . House B i 11 4044 , Mr . Mat i jev ich . I s Mr .
Mat i jevich in the chamber? House Bi 11 4057 t Representat ive
Davi s . (House Bi l1) 4057 , Publ ic Health . Mr . Clerk , read
1, the Bill.''!
'Brien: l'House Bill 4057, a 3i1l for an Act to amend the 1Clerk O. 1
Civil Administrative Code of Illinois. Second Reading of 1the Bill. No Committee or Floor Amendments.'f
Speaker Madigan: ''Third Readinq. House Bill 4163, Representative .
Parcells. Mr. Clerk: read the Bi1l.R
Clerk OfBrien: 'rHouse Bill 4163, a Bill for an Act to provide for
reviev of licensure of health care professionals and
occupatlons. Second Reading of *he Bill. No Committee
Amendments.'' !'
yj jSpeaker Madigan: ''Are there any Floor Amendments?'
1I
87
STATE OF ILLINOIS' 87th GENERAL ASSEMBLY *
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992 I
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Parcells.''
Speaker Madigan: HRepresentative Parcells, Amendment 41.14
Parcells: ''Thank you, Mr. Speaker. Ladies and Gentlemen, this is
an Amendment that has been requested by the Christian
Science Church. They'd like to havevv''.
Speaker Madigan: f'Representative Parcells, I am advised that the
. Amendment has not been printed, so the Bill will have to
be...we'l1 take the Bill out of the record. Representative
Satterthwaite, in the Chair.''
Speaker Satterthwaite: ''We will go to the Special Order oi
Agriculture and Envtronment, Third Reading. The Sponsors
on the early part of that list are Representatives Giorgi,
' Hasara, Stern, Kulas, et cetera. Representative Giorgi on,
House Bill 3154. On Agriculture and Environment, Third
Reading. Do you wish to have the Bill called on Third
Reading? (House Bil1) 3154. Out of the record.
Representative Hasara. on House Bill 3351. Do you wish to
have the Bill called on Third Reading? Mr. Clerk, read the
B i 11 . ''
Clerk O'Brient ''House Btll 3351, a Btll for an Act to amend the
Environmental Protection Act. Third Readinq oi the 3ill.''
Speaker Satte/thwaite: ''Representative Hasara.''
Hasara: ''Thank you, Madam Speaker. House Bi11 3351 amends the
EP...the Environmental Protection Act, that requires that a
compost facility that's developed or expanded from this
time forward must be at least one-half mlle from the
nearest property zoned for residential uses. I move for
its adoption.''
Speaker Satterthwaitet ''Is there any discussion? Seeing no one
seeking recognitionp the question is, 'Shall Houàe Bill
3351 pass?' All in iavor vote 'ayef, opposed vote 'no'.
88
STATE OF ILLINOIS .
87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Voting is open. Have a1l voted who wish? Have a11 voted
who wish? Have all voted who Wish? Mr. Clerk, take the
record. On this issue, there are 106 voting 'aye', none
voting 'no'. 3 voting 'present'. The 3ill, havinq received I
the required Constitutional majority, is hereby declared Ipassed. Representative Stern, on House Bill 3380. Mr. !
Clerk, can you add Representative Shirley Jones to the last !r j r I
role call as voting aye ? Let s note that in the record!
for Representative Shirley Jones. Representative Stern, onI
House Bill 3380. Mr. Clerk, read the Bill.''!
Clerk O'Brien: ''House 3i1l 3380, a Bill ior an Act to amend thç1
Environmental Protection Act. Third Reading oi the Bi11.''
Speaker Satterthwaite: ''Representative Stern.''I
Stern: ''Madam Speaker and Members of the House, this is a Bill1
requested by Lake County which amends the Township Law and1prohibits persons from participating in a...wait a minute,I
I'm reading the wrong one, excuse me. Hold everything. 'I
Don't panic. I've got it right here. Okay, here we are.i
House Bill 3380, folks, amends the Environmental Protection i
Act to authorize waste water treatment facilities owned or
operated by a unit of local government to accept septic
system sludge from residents of the unit of local
government, or residents of the county vho are not now
served by a waste water treatment facility. This was
requested by Lake County. It has no opponents that I know
of, and 1'11 be happy to answer questions if there are
any.'' .
Speaker Satterthwaite: ''This Bill is on Short Debate. Does
anyone stand in opposttion to the Bill on Short Debate?
Representative Klemm.''
Klemml ''Yes, 1'd like to ask the Sponsor a question, if I may.'' 1Speaker Satterthwaite: ''Certainly.'' j
I
89
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STATE OF JLLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th LegislaEive Day May l2, 1992
Rlemm: ''Representative, last year we had passed a Bill that did
something like you said. The municipalities were very
upset about that. 'It waswetoed bg the Governor, but the
concern was, it sounds...the description you gave me was
that it's a voluntary program and that the municipalities
can, on their own initiative, accept the septic pumping.
Is that what this does on their own?''
Stern:
minute.''
Klemm: ''We11e the concern the municipalities had was that there
was no fees or anything, and they were obviously...''
Stern: ''The Bill authorizes a unit of local government to
establish and charge fees for the acceptance, handltng,
treatment and disposal of the sludge, including an annual
fee for each private residential septic tank in the service
area to defray any additional capital costs incurred to
comply with this requirement.''
Klemm: 1'How does the municipality determine a service area, and
charge a person who lives in the county a fee for septic
pumping where the home owner doesn't even know where that
pumper is taking the sludge?''
Stern: ''I would like to pretend knew the answer to your
question, Sir, but I do not.''
Klemm: ''Do you understand what I'm saying? You said that the
municipality has a right to charge the resident a fee. Now
that's...Why should a municipality go out in the county, in
the boondocks, and charge them a fee for septic pumping
when home owners say, 'Wel1, where did you come from? Why
should I pay this municipality a iee? I'm paying a charge
to the pumper. Vou know, the septic pumping guy,' and
Was Wondering, Within a service area. So I have concerns
about what is a service area? Who determines the service
don't want to mislead you, Mr. Klemm. Let me look a
90
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
area? Does the
May l2, 1992
take a service area ofcity arbitrarily
five or six townships and then say we will charge them a
fee? am concerned about what it does to those who live
in the county.''
Stern: ''Madam Speaker, I think I should take this out of the
record until 'can get an answer to the Gentleman's
question. 3ut if I may add one more thing, Mr. Klemm, our
analysis also says that this is similar to a Bill
introduced in 1991, which passed both the House and the
Senate, but which received the total veto. So, it's
probably very similar to the Bill you referred to, but I
will take out of the record for the moment, Madam
Chairman.''
Speaker Satterthwaite: ''The Lady requests that the 3ill be taken
out of the record. Representative Kulas, on House Bill
3605. Representative Kulas. Out of the record.
Representative Kulas on House Bill 4025. Out of the
record. Representatike Obrzut, on House Bill 4027. Out of
the record. Page 41 of your Calendar, the Consent
Calendar, Third Reading, Second Day. Mr. Clerk, read the
Bills.''
Clerk O'Brien: ''House Bill 2882, a Bill for an Act to amend the
County Jail Good Behavior Allowance Act. Third Reading of
the Bill. House Bill 3089: a Bill for an Act to amend the
Unified Code of Corrections. Third Reading of the Bill.
House Bill 3139, a Bill for an Act to amend the Illinois
Vehicle Code. Third Reading oi the 3ill. House Bill 3184,
a Bill for an Act to amend the Unified Code of Correcti8ns.
Third Reading of the Bill. House Bill 3331, a Bill for an
Act concerning Dissolution of Marriage Act. Third Reading
of the Bill. House Bill 3513, a Dill for an Act relating
to alcohol, drug abuse and dependency. Third Reading of
91
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTICN DEBATE
140th Legislative Day
the 3il1. House
May 12, 1992
Bill 3555, a Bill for an Act relating to
tutorial and pilot proqrams of institutions of higher
education. Third Reading of the Bill. House Bill 3848, a
Bill for an Act to amend the Criminal Code of 1961. Third
Reading ofdthe Bill. House Bill 3904, a Bl11 for an Ac* in
relation to professional athletes and drugs. Third Reading
of the Bill. House Bill 3921, a Bill for an Act relating
to imposition and disposition of fines for child
pornography. Third Reading of the Bill. House Bill 4196,
a Bill for an Açt to amend the Private Business and
Vocational Schools Act. Third Reading of these Billsv''
Speaker Satterthwaite: ''Mr. Clerk, understand that earlier,
House Bill 3230 had been included with that list and there
was a request to remove it from the Consent Calendar.
There is now a request that that objection be removed. Arewe in a status where we can put that Bill back on? (House
Bil1) 3230. With leave of the Body, we would like to
return kouse Bill 3230, which had originally been on this
Consent Calendar. There had been a request to remove it
from Consent Calendar and that request has now been
negated. Representative Black, did you wish to speak to
this point? Seeing no objection, the question is, 'Isthere leave to return House Bill. 3230 to the Consent
Calendar, Third Reading, Second Day?' Seeing no objection,
leave is granted. It appears that there is an objection tohavinq House Bill 3230 returned to the Consent Calendar.
There was a second request that be knocked off the
Consent Calendar, and so has been removed from the
Consent Calendar. You see the listing of the numbers of
Bills on the Consent Calendar. The question ts: 'Shall
these Bills pass?' All in favor vote 'aye', opposed vote
'no'. Voting is open. Have al1 voted who wish? Have a11
92
STATE OF ILLINOIS87th GENCRAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
voted who wish? Have al1
May 12, 1992
voted who wish? Mr. Clerk, take
tbe record. On this question, there are 1l4 voting 'aye',
none voting 'no' none votin: 'present'. The Bills, having#
received the required Constitutional Majority, are herebydeclared passed. On the Special Order pf Human Services,
Third Reading. The following Sponsors are on the early
part of the list. will help us to move things
expeditiously the Gponsors are here and ready to have
their Bills called. LeFlore, Granberg, Keane, Trotter,
Delaegher and others. The first Bill on Human Services,
Third Reading, is House 3i1l 2994, Representative LeFlore.
Out of the record. Representative Granberg, on House Bill
3047. Do you wish to have this Bill called, Representative
Granberg? Out of the record. Representative Keaner on
House Bill 3149. Representative Keane? Representative
Keane, do you wish to call House Bill 3149? Mr. Clerk,
read the Bill.'1
Clerk OfBrien: ''House Bill 3149, a Bill for an Act to amend the
Illinois Public Aid Code. Third Reading of the Bill.''
Speaker Satterthwaite: ''Representative Keane.''
Keane: ''Thank you, Madam Speaker. This Bill is an initiative oé
the Illinois Hea1th Care Associatlon and other groups that
relate to the intermediate care facilities for the
developmentally disabled. What it is is it's one option of
being evaluated in regard to the overall approach for
replacement tax for the Medicaid provider fee system.
Director Kempaners, or Mr. Kempaners: who is the head of
that association, has been working with the staff and with
the Governor's Office, and we want to move this Bill over
to the Senate. I'd be happy to answer any questions. Ask
for a favorable Roll Call.''
Speaker Satterthwaite: ''Representative Black.H
93
STATE OF ILLINOIS87th GENERAL ASSEMBLV
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Black: ''Thank you very much, Madam Speaker. Will the Sponsor
Xield?''
Speaker Sattertbwaite: *He indicates he will.r'
Black: ''Thank you. Representative, is it your intent to continue
the negotiations and work on this Bill so that in effect
the, hopefully if the assessment program works, it will
have no negative fiscal impact on the State of Illinois?''
Keane: ''That's correct.''
Black: ''A1l right. Thank you very much.''
Speaker Satterthwaite: ''Is thère further discussion?
Representative Keane, to closeo''
Keane: 'Q ask for a favorable Roll Ca11.'ï
Speaker Satterthwaite: ''The question is, lshall House Bill 3149
pass?' All in favor vote 'aye', opposed vote 'no'. Voting
is open. Have a1l voted who wish? Have all voted who
wish? Have al1 voted who wish? Mr. Clerk, take the
record. On this guestion there are ll4 voting 'aye' none
voting 'no', none votinq 'present'. The Bill, having
received a Constitutional Majority, is hereby declaredpassed. Representative Trotter, on House Bill 3350. Out
of the record. Representative Delaegher, on House Bill
3373. Mr. Clerk, read the Bill.''
Clerk McLennand: ''House Bill 3373, a Bill for an Act to amend the
Respice Demonstration Program Act. Third Reading of the
B i l 1 . ''
Speaker Satterthwaite: ''Representative Delaegher.n
Delaeghert ''Madam Gpeaker, I would ltke to bring thls Blll back
to Second for purpose of an Amendment.''
Speaker Satterthwaite: 'fThe Gentleman asks leave to bring the
Bill back to Second Reading for purposes of an Amendment.
Is there leave? Representative Black?''
Black: ''The Gentleman has his Bill on Third Reading?''
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STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF RBPRESENTATIVESTRXNSCRIPTION DEBATE
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Speaker Sattertbwaite) ''Riqht. He's asking leave to bring it
back for purposes of an Amendment.''
Black: ''Until we can talk to him we don't know why he wants to
brinq it back. I would object to bringing it back to
Second until we know why.''
Speaker Satterthwaite: ''I understand, Representative Delaegher,
that the Amendment has not yet been printed and
distributed. So, perhaps we should take the Bill out of
the record at this time until the Amendment is printed and
distributed.''
Delaesher: ''Fine.''
Speaker Satterthwa/te: ''I understand that there has been a'decision that we will not bring Bills back from Third
Reading for purposes of further Amendments in this regular '
Order of Call. There will be a special time designated
when we will bring Bills back from Third Reading for
purposes of additional Amendments. And so, if there are
other Members who are considering the action of bringing a
Bill from Third Reading back to Second for purposes of an
Amendment, don't plan to do that right now. Representative
Currie, on House Bill 3394. Mr. Clerk, read the Bi1l.''
Clerk McLennand: ''House Bill 3394, a Bill for an Act to amend the
Illinois Public lid Code. Third Reading of the Bi11.@
Speaker Satterthwaite: ''Representative Currie.''
Currie: ''Thank you, Madam Speaker and Members of the House. This
Bill was introduced by Representative Ryder and myself at
Ehe behuest of the children's hospitals across the State of
lllinois. The Bill in its current form makes no
substantive changes in any of the language regarding
assessments or Medicaid rates or gny such thing. Buty the
children's hospitals are anxlous tha: unless Ehere is an
overall 'resolution to some of those issues between noW and
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STATE OF ILLINOIS '87th GENERAL ASSEMBLY
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June 30, they may find themselves less able to treat
seriously il1 children who are currently covered by the
State's Medicaid program. Representative Ryder and I would
appreciate it if you would give your support to this Bill,
so that we may move the measure to the Senate while
discussions, negotiations and conversations between the
administration and many provider groups continue.''
Speaker Satterthwaite: ''Representative Ryder.''
Ryder: f'Thank you, Madam Speaker. Simply to confirm what the
previous speaker has indicated. 'The Bill at present does
not make substantive change. It is for the purpose of
dealing with children's hospitals and the disproportionate
share, but it does not do that now. We do not know what it
may provide in the future, but at this stage we're simply
moving it along in order to have the Bill available in the
event some agreement takes place concerning Childrens
Hospitals.''
Speaker Satterthwaite: 'Qs there further discussion? Seeing no
one seeking recognition, Representative Currie, to close.''
currie: ''Closed.''
Speaker Satterthwaite: ''The question is, 'Shall House Bill 3394
pass?' A1l in favor vote 'aye' opposed vote 'no'. Votinq
is open. Have al1 voted who wish? Have all voted who
wish? Have all voted who wish? Mr. Clerk, take the
record. On this question there are 1l3 voting 'ayef, none
votin: 'no'? none voting 'present'. The 5i1l having
received the required Constitutional Majority, is herebydeclared passed. Representative Turner, on House Bill
3395. Out of the record. Representative Schakowsky, on
House Bill 3409. Out of the record. Representative Currie
on House Bill 3609. Out of the record. Representative
Granberg, on House Bill 3610. Representative Kurk
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF RZPRESENTATIVESTRANSCRIPTION DEBATE
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Granberg. Out of the record. Representative Daniels, on
House Bill 3713. Out of the record. Representative Edley,
on House Bill 3716. Mr. Clerk, read the Bi1l.'p
Clerk McLennand: ''House Bill 3716, a Bill for an Act to amend the
Illinois Public Aid Code.'f
Speaker Satterthwaite: ''Out of the record. Representative Giorgi
on House Bill 3886. Representative Giorgi. Do you wish to
have this Bill called on Third Reading? Mr. Clerk, read
the Bill.''
Clerk McLennand: ''House Bill 3886, a Bill for an Act to amend the
Illinois Public Aid Code. Third Reading of the Bil1.''
Speaker Satterthwaite: ''Representative Giorgi.''
Giorgi: ''Madam Speaker, this is the Bill that has to do with care
in the home versus care in an institution. And what this
Bill does...lt's a special circumstance of a young severely
disabled girl in the Rockford area, and related cases who
have been covered by Medicaid for specialized Medicare at
home. And what this 3ill does is.e.What this Bill does is
if a child incurs this kind of an illness or traged: while
they're adolescent, this will continue the care into.
adulthood and most of the people are aware of what's in
this Bill, and I urge the support of the Bil1.'r
Speaker Satterthwaite: ''Representative Black.''
Black: ''Thank you very much, Madam Speaker. Will the Sponsor
yield?''
Speaker Satterthwaite: ''He indicates he will.''
Black: ''Representative, it's my u'nderstanding that negotiations
on this issue are still under way.''
Giorgi: was just notified of that by one of your statfers, soI will take the Bill out of the record.''
Black: ''Thank you.''
Speaker Satterthwaite: f'Representative Hultgren.''
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Hultgren: ''Thank you, Madam Speaker. We're hearing Bills on
final passaqe and, althouqh that 3i11 was taken out of the
record, I could not hear a single word that the Sponsor
said in the explanation of his Bill. suppose it's not
relevant, since it's out of the record, but on the next
Bill, these are final passage in the House, could we have
at least a little order so that we can hear what the
Sponsor is saying as he describes the 3i11.''
Speaker Satterthwaite: ''The Gentleman's point is well taken.
House Bill 3886 will be taken out of the record, but there
is a request for some order in the chamber while we are on
Third Reading of the Bills. It is very difficult for
Members to hear what others are saying unless we cut down
the background noise. House Bill 3950, Representative
Deering. Out of the record. House Bill 4056,
Representative Davis. Representative Monique Davis? Do
you wish to call House Bill 4056 on Thir'd Reading? Mr.
Clerk, read the Bil1.''
Clerk McLennand: ''House Bill 4056, a Bill for an Act to amend the
AIDS Confidentiality Act. Third Reading of the Bi11.''
Speaker Satterthwaite: ''Representative Daviso''
Davis: ''Thank you, Madam Speaker, Ladies and Gentlemen of the
House. House Bill 4056 is a Bill that states that
professionals in health care have to notify parents or
guardians if they think it is helpful to the child, that
the child has tested positive for HIV. If the child is not
positive, there is no need for this notification. And this
Bill also removes any civil liability or criminal sanctions
for the doctor or the health care provider.''
Speaker Satterthwaite: ''Is there discussion? Representative
Stern?''
Stern: ''I assume my seatmate will defer to questions.''
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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Davis: ''We1l, excuse me. There should be a...May 1 pull this
Bill back to num...''
Speaker Satterthwaite: lRepresentative Davis..o''
Davis: ''Yes.''
Speaker Satterthwaite: ''We indicated earlier that if there are
Sponsors who have Bills on Third Reading that need to come
back for Second Reading for further Amendment, there will
be a special time designated for that to happen.''
Davis: ''This Bill should have Amendment 42 on it. Does it? Oh,
it doesn't. Then out of the record.''
Speaker Satterthwaite: ''Mr. Clerk, would you tell us the status
of any Amendments on House Bill 40567'9
Clerk McLennand: ''Amendment #1 has been adopted.ll
Speaker Satterthwaite: ''Is there a Second Amendment? :
understand that there are tvo further Amendments.rr
Clerk McLennand: ''Amendments 42 and 3 are on file.''
Speaker Satterthwaite: ''Representative, Amendment 41 bas been
adopted. There are two additional Amendments on file, on
which no action has been taken.''
Davis: ''So we will take this Bill out of the record until the day
in which you bring it back to Second, in order that I can
add one of those Amendments.''
Speaker Satterthwaite: ''Thank you. The Bill is out of the
record. On the Special Order of Children and Family Law,
Third Reading, there appear a number of Sponsors. These
are the early Sponsors on .the list: Sieben, Stange,
Preston, Parke. On Children and Pamily Law, Third Reading,
appears House Bill 661, Representative Sieben. Out of the
record. Representative Stange, on House Bill 1181. Out of
the record. On 1182, Representative Stange. Out of the
record. Representative Preston, on House Bill 2711. Out
of the record. Representative Preston, on 2712. Out of
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STATE OF ILLINOIS87th GENERAL ASSEMBLY
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I the record. Representative Stange, on House Bill 2751.
Out of the record. Representative Parke, on House Bill
2770. Mr. Clerk, read the Bi11.''
Clerk McLennand: ''House Bill 2770, a Bill for an Act to amend the
Illinois Parentage Act of 1984. Third Reading of the
B i l l . ''
Speaker Satterthwaite: ''Representative Parke.''
Parke: ''Thank you, Madam Speaker and Ladies and Gentlemen of the
House. House Bill 2770 amends the Parentage Act to include
DNA as an accepted type of parenting test. It requires the
inclusion of test results contained in the statement of
combined paternity index. DNA testing for parentage is
very reliable. In the case of inclusions results, DNA
testing can be proved to be a very high combined paternity
index, thus rebuttlng presumption that t*e alleged father
is the father of the child. I ask for this worthwhile,
long-overdue Bill to be passed.'
Speaker Satterthwaite: ''Representative Homer.''
Homer: ''...Cou1d we ask the Sponsor to just momentarily take thisBill out of the record, with the assurance that we'l1 come
right back to it? Madam Speaker, the Sponsor has agreed to
take the Bill out of the record with the understanding that
we will come back to it shortly.îp
Speaker Satterthwaite: ''Out of the record. Representative
Preston is not in the chamber. Representative Currie, on
House Bill 3261. Representative Barbara Currie? Mr.
Clerk, read the Bi11.'ï
Clerk McLennand: ''House Bill 3261, a Bill for an Act to amend the
Illinols Marriage and Dissolution of Marriage Act. Third
Reading of the Bill.f'
Speaker Satterthwaite: ''Representative Currie. Representative
Laurino, in the Chairp''
l00 II
STATE OF ILLINOIS87th GENERAL ISSEMBLY
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Currie: ''Thank you, Madam Speaker and Members cf the House. This
3ill as amended merely provides for notice when there is a'petition for modification of a child custody arrangement.
The Bill *as amended, as say, and that': a11 the Bill
currently does, and :'d appreciate your support for the
measure.''
Speaker Laurino: gFurther discussion. Representative Wennlund.f'
Wennlund: 'Thank you, Mr. Speaker. Will the Sponsor yteld?''
Speaker Laurino: ''She indicates she will.f'
Wennlund: ''Representative, as amended, can you explain to the
House what this Bill does?''
Currie: ''Thank you, Representative. What it does is provide for
notice ii there is a proposal for a modification of a
grevious custody order. Amendment l becomes the Bill. If
you've got Amendment in front oi you, you will see that
vhat the 3i1l would provide is that there is a 30-day
notice before a hearinq on a petition for modiflcation of a
child custody arrangement.*
Wennlund: ''Maybe we could have some order in here. I'm sorry, !
couldn't hear a word you said.''
Currie: ''Do you want me to tell you again? Look at Amendment 1,
Representative. That becomes the Bill. Amendment 1, to
House Bill 3261. The proposal here becomes a proposal for
a 30-day notice before a modification of a prior custody
order would be entered by a court. That's in the situation
when you're talking about a permanent custody change. This
does not affect requests for temporary changes in custody.G
Wennlund: ''Is this just designed to prevent numerous orrepetitious filing of petitions to change custody?''
Currie: ''It probably would have that effect, Representative, but
the reason for the Bill is to make sure that there ts
proper notice vhen there is a request for modification.
Il0l
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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The Bill has the support of the State Bar Association, the
Task Force...the Coalition Against Domestic Violence. It
was a recommendation of the Illinois Citizens Council on
Women, the bipartisan group that is organized through this
General Assembly.l'
Wennlund: ''And it has the support of the lllinois State Bar
Association? Did I hear that correckly?'l
Currie: was, yes, the language was worked on quite
extensively with the State Bar Association and they
Were...this was a proposal that by the end of the day came
as much from them as it did from us.''
Wennlund: ''Very good. Thank you very much.''
Speaker Laurino: ''Further questions. Seeing nobody seeking
recognition, the question is, 'Shall House Bill 3261 pass?'
All those in favor indicate by voting 'aye', opposed,
'nay'. Have all voted who wish? Have all voted who wish?
Representative Santiago votes 'aye'. Have a1l voted who
wish? Representative Persico votes 'aye'. Have all voted
who wish? Take the record, Mr. Clerk. This Bill, having
received 1l4 'ayes' 1 voting fnay', none voting dpresent',
is hereby declared passed. House Bill 3266, Representative
Matijevich. Out of the record. House Bill 3322,Representative Parcells. Is Representative Parcells on the
House floor? Out of the record. House Bill 3342,
Representative Currie. Out of the record. House Bill
3343, out of the record. House Bill 3480, Representative
Preston. Representative Lee Preston. Is the Gentleman on
the floor? Out of the record. House 5il1 3481,
Representative Preston. Out of the record. House Bill
3785, Representative Hoffman. Read the Bill, Mr. Clerk.''
Clerk McLennand: ''House Bill 3785, a Bill for an Act to amend the
Abused and Neglected Child Reporting Act. Third Reading of
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STATE OF ILLINOIS87th GENERAL ASSZMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
the Bill.''
Speaker Laurino) ''Representative Hoffman.''
Hoffman, J.: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. House Bill 3785 would amend the Abused and
Neglected Child Reporting Act and expands access to a11
records concern reports of child abuse and neglect to
include probation officers or other authorized
representatives of probation or court services department.
This would address the concern where probation officers, in
the carrying out of their duty or attemptin: to get
information that ii needed, to properly address the needs
of an individual who is on probation. This is...lt's my
understanding that the Department of Children and Family
Services does not have a problem with this, and this would
allow and insure that probation officers can carry out
their duty in a sufficient manner. I ask for an 'aye!
VO V C * P
Speaker Laurino: ''Any further discussion? Seeing none, the
Gentleman asks for the passage of House Bill 3785. And on
that question, a11 those voting in favor will indicate by
voting 'aye', opposed will vote 'no'. The vote is open.
Have all voted who wish? Have a11 voted who wish? Have
al1 voted who wish? Take the record, Mr. Clerk.
Representaeive Wojcik, for what reason do you arise?''
Wojcik: ''Yes, Mr. Speaker. For a point of personal privilege'.1'd like to point out that up in the qallery we have the
Schaumberg Bathel Baptist High School class, so...''
Speaker Laurino: ''This Bill, havinq received 114 fayes', none
voting 'nay', none voting 'present', is hereby declared
passed. House Bill 4075, Representative John Dunn. John
Dunn on the Floor? Out of the record. House Bill 4105,
Representative Leitch. Read the Bi1l, Mr. Clerk.f'
l03 !
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STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Clerk McLennand: ''House Bill 4105: a Bill for an Act in relation
to child support arrearages. Third Reading of the Bi11.''
Speaker Laurino: f'Mr. Leitch.l'
Leitch: 'fThank you, Mr. Speaker, Ladies and Gentlemen of the
House. House Bill 4105 simply permits the state to ask any
newly hired state employees whether they are under a child
support obligation, and, if so, whether they are current,
and if not to take the appropriate steps to work toward
making them current. :t seems to be a very common sense
Bill. I do not know of any opposition to it. It prevents
the state from being in the position where its employees
are not in compliance with the laws that theyrre intending
to enforce, and I?d akk for your favorable support.''
Speaker Laurino: ''Any discussion? Seeing none, the Gentleman
asks for passage of House Bill 4105. All those in favor
will vote 'aye', opposed, 'nay'. The board is open. Have
all voted who wish? Have a1l voted who :ish? Have a11
voted who wish? Take the record, Mr. Clerk. This Bill,
having received 113 'ayes', none voting 'nay', none voting
'present', ls hereby declared passed. House Bill 4147,
Representative Anthony Young. Out of the record. Proceed
to page 24 on the Calendar. Consumer Protection, Third
Readinq. House Bill 2691, Representative Obrzut.
Representative Obrzut on the floor? Out of the record.
House Bill 3247, Representative Walsh? Read the Bill, Mr.
Clerk.''
Clerk McLennand: f'House Bill 3247, a Bill for an Act in relation
to locksmiths. Third Reading of the Bi1l.''
Speaker Laurino: lRepresentative Walsho''
Walsh: '1Mr. Speaker, Ladies and Gentlemen of the House, this Bill
makes it the responsibility of the locksmith, upon being
called to a private residence, to see identification before
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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actually opening a door, or making a key, or anything like
that for any individual. The purpose of the Bill is to
prevent theft in relationship to someone acquiring entry
illegally to a premises. 1 request an 'aye' vote on this.
Thank you.''
Speaker Laurino: 'rFurther discussion? Representative Wennlund.''
Wennlund: ''Thank you. Will the Sponsor yield?'l
Speaker Laurino: ''He indicates he Will.''
Wennlund: ''Yes, Representative Walsh, can you tell me what the
effect of this Bill would be if people are locked out of
their house without their identification, then...in other
words, I lock myself out of my house, and left my
wallet in my house, and it's locked, how am I going to get
in? Because I don't have any identification, and the
locksmith won't open the door, and so I guess 1'm juststuck.''
Walsh: ''You would have to be able to produce some form of
identificatton in relationship to that or the man couldn't
act without more authority. He has no...According to this
Act, he would have no authority to just open the doorwithout some type of identification that you would have in
relationship to that residence, whether it would be a
utility bill, or a piece of identification or whatever it
would be that would give you credibility to that particular
address or that particular apartmentm''
Wennlund: ''The problem as see #t, and I often do this, I
leave my wallet in my car all the time because don't
like to carry it because it's too heavy. And, if I lock
myself...if I locked my car and I lost my keys, and : can't
get in the car to get my identification, does this mean the
locksmith can't open the door to my car so I can get in to
get my wallet to show him the identiiication?''
l05
STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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Walsh: ''We're not talking about the car now. Wepre talking about
the house, and he could certainly get you in the car.
There's no question about that. We're talking about the
residence in this.''
Wennlund: ''Oh, so if I leave my wallet in my house, I lock myself
out, and I don't have any keys, does this mean that the
locksmith could not open my door, because I couldnft
identify myseli?''
Walsh: ''That's correct.n
Wennlund: ''Okay, well, to the Bill, Ladies and Gentlemen of the
House, most of the time when people call the locksmith,
it's because they lock themselves out of something and not
in somethini, so if you lock yourself out and you didn'thave your wallet, or you didn't have any identification,
the locksmith couldn't open the door. I think that's
really bad public policy to tell the people of Illinois
that ii they don't have any identification, they can't have
a locksmith come and open their locked house so that they
can get back in. I quess we're just qoing to be out in thecold if we don't have identification. So I guess werre
requiring a11 the citizens of Illinois to carry
identification, at least two forms on them, at all times.
Now, I understand the reason for your Bill, but on the
other hand, if the locksmith knows who you are, you
shouldn't have to produce identification to get into your
locked house and, a no vote is a proper vote on this Bill.''
Speaker Laurino: ''Further discussion. Representative Weaver.''
Weaver: ''Thank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Laurino: ''He indicates he wi1l.''
Weaver: ''Right behind you, turn around, Tom. Look right here.
I've just qoE two short questlons. Do you specify ln your
l06
STATE QF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992 '1
Ilegislation as to what kinds of IDs are acceptable to the
locksmith? As we a1l know, there's al1 kinds of
counterfeit driver's licenses and stuff available on the
market. Are you specific in terms ot what IDs they shouldyy 'accept?
Walsh: ''No, the point is to create the awareness on the part of
the locksmith that someone has to show identification to
him in some form before he would actually open that lock,
unlock that, or make a key, or whatever it would be, ior
that individual. What we're trying to do is protect that
individual in the long run from the standpoint of somebody
walking away with a TV set or the stereo or Whatever the
case might be. So, in relationship to producing
identijication, that's the key. Now? how finite you want
to draw that, that's another story but the legislation does
not draw it in a fine manner.''
Weaver: ''We1l, my concern is that if you allow them or don't
specify what IDs are valid, but as I understandy the rest
of the Bill also allows for the recovery of damages from
the actual homeowner from the locksmith if he allows
someone into his house, and they burgle it or they steal
some stuff.'' '
Walsh: ''Wel1, the point is is to have something in the law that
makes it worth something. By not having it in there, it
isn't worth anything so there has to be some form of
liabllity involved in the process. If the person isn't
liable for doing it, then he's goin: to go ahead and do
i 't 'r
Weaver; ''sot if I wanted to burgle somebody's house, all I'd have
to do ls qeE a fake ID, qo get a locksmith, and...'1
Walsh: ''But what the Bill is attemptin: to do is prevent that
exact thing from occurring.''
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STATE OF ILLINOIS87th GENERAL ASSEMBLY
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Weaver: ''Well, but in your Bill you're providing éor liability on
the part of the locksmith.''
Walsh: ''Correct.''
Weaver: ''I don't really want to do that. You're gonna set a
whole profession aside and make them liable for burglaries
even though they may have gotten some form of
identification. That part of it may mean some trouble for
you. Thank you.''
Speaker Laurino: rrFurther discussion. Representative Homer.''
Homerk eThank you, Mr. Speaker. I don't understand vhat all this
debate is about. The Gentleman has a Bill that he has
offered to protect against unscrupulous, creative burglars
who call upon a locksmith and want to get in your home, and
a11 that the Bill does is say before a locksmith opens a
lock to someoneds...to a residence that the locksmith first
make some preliminary determination that the identification
of the person seeking entrance is the resident of that
residence. Now, donft know how we could have any more of
a justified Bill than that. The Bill is not onerous onlocksmiths. They can verify this iniormation through a
number of methods of identification prescribed in the Bill.
And, frankly, there's not going to be a prosecution under
this Bill or a lawsuit against a locksmith if, in fact,
they fail to comply With it and 1et the owner into his own
house. The only time it's goinq to become a contentious
issue is where they allow a burglar to come in the house.
And if a locksmith allows a burglar in your house, then I
think that they ought to be liable, and that's the only
time this 3i11 would. as a matter of fact? apply. So?
would hope that we could all support this Bil1.R
Speaker Laurino: ''The Gentlman asks for pasGage of House Bill
3217. All those in favor indicate by voting 'aye', those
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
opposed will vote 'nay'. The board is open. Have a1l
voted who wish? Have a1l voted who wish? Have a11 voted
who wish? Take the record, Mr. Clerk. This 3ill, havin:
received 81 'ayes', 24 'nay', 8 voting 'present', hereby
receiving the Constitutional Majority, is hereby declaredpassed. House Bill 4132, Representative Obrzut. Is
Representative Obrzut in the chambers? Out of the record.
Proceed to page 22 on the Calendar. House Bill 705,
Representative Steczo. This is Municipal, County and
Conservation. Representative Steczo? Out of the record.
House Bill 2653, Representative Phelps. Read the Bill, Mr.
Clerk.''
Clerk McLennand: ''House 3i1l 2653, a Bill for an Act to amend the
Fire Protection District Act. Third Reading of the Bill.''
Speaker Laurino: ''Representative Phelps.''
Phelps: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. This 3i11 is a follow-up from last year, and which
the Governor amendatorily vetoed. It creates the
opportunity ior a...county...attempt to create a fire
district, that can do that without, if the largest
municipality within that county does not vote in on a
referendum. My understanding, this has no oppositionp''
Speaker Laurino: ''Further discussion. Representative Black.''
Black: ''Yeah, thank you very much, Mr. Speaker. Will the Sponsor
yield? Thank you. Representative, you and have often
worked on fire district legislation, and ï'm always proud
to work with you on that legislation, but it's my
understanding that the Farm Bureau is opposed to this Bill
because it simply weighs the election. You know...lt would
put a farmer who may have a thousand acres of land at a
very distinct disadvantage. :f he didn't want to be
annexed or go into a district, it's my understanding that
l09
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
this Bill would allow the people of an incorporated area to
simply out vote him. Sop if he votes no, but if the people
in the incorporated area, who are already perhaps paying
the property tax for the fire district, decide 'Hey, ' yeah,
we're goinq to take in your thousand acres.' There isn't
anything this gentleman or this lady could do.''
Phelps: ''Well, what we're trying to correcte.vThat case scenario
does cause concern. However. that same farmer gets that
thousand acres on fire, he's wondering where the service
i s . ''
Black: ''Well, I certainly understand that and I know in my
district werre having a great deal of trouble with the no
man's land phenomena as you go to 911. Weeve just got toomany acres that aren't in a fire district prevention, or a
fire district area, and it ts a concern. But, at the same
time, l've attended a couple of public meetings and a
farmer raises a very legitimate point, lYeah, maybe my
thousand acres does catch on fire, but I have no
improvements on that land. I have no dwellings, I have no
barn, and magbe 1 just don't want to pay that property taxwith that fire district.''
Phelps: ''Right: well, I'm sure there are unique circumstances
which makes it very hard to make uniformly acceptable.
But, like, for example, in Pope County, they did pass a
referendum on the ballot this time at the March primary.
Several years aqo the rest of the county voted for a flre
district, I'm talking about to actually fund taxes,
property taxes themselves, a front door referendump and yet
the municipality, because they did not endorse it, it
failed. Sop we tried toev.This legislation is trying to
correct Ehat.''
3lack: ''Thank you very muchp Representative. I appreciate your
ll0
r '
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
patience and your candor. Mr. Speaker and Ladies and
Gentleman, to the Bill I really don't rise in abject jopposition to what the Gentleman is doing. I do think all
of you need to be aware that there is opposition in rural
areas to this Bill because it changes current law that
would keep votes from an unincorporated and an incorporated
area to be counted separately. And, obviously, that weighs
the vote very heavily in favor of those people in the
incorporated area. I think the Gentleman is correct. It
needs to be worked out because of the no-man's land
phenomenon, and as many people around the state are now
being ask to pay a 911 surcharge, and I don't think we can
continue to have a no-man's land phenomenon, but there is
opposition to the Bill and you should be very cognizant of
how you voteoll
Speaker Laurino: ''Further discussion? Seeing none,
Representative Phelps, to close.''
Phelps: ''This was intended to correct a inequity in the law where
in a county seeking to iorm a iire district that it
was..onot balanced according to those voting could
dictate...the change in Ehe fire district or even *he
formation of a fire district. So, appreciate your
support.''
Speaker Laurino: ''Gentleman moves for passage of House Bill 2653.
All those in favor indicate by voting 'aye', opposed 'no'.
The vote is open. Have'all voted who wish? Have all voted
who wish? Have all voted who wish? Take the record, Mr.
Clerk. This Bill, having received 70 'aye', 44 'no', 1
voting 'present', having received the Constitutional
Majorityy is hereby declared passed. House Bill 2664,Representative Satterthwaite. Out of the record.
Representative Steczo, you had a Bill that I and We're not
I
1ll
i .k.
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 1992
that far past Would you like House Bill 705 called?
Out of the record. (House Bill) 1495? Read the 3i11, Mr.
Clerk.''
Clerk McLennand: ''House 3i11 1495, a Bill for an Act to amend the
Counties Ccde. Third Reading oi the 3ill.H
Steczo: 'fThank you, Mr. Speaker, Members of the House. House
Bi11 1195 makes a change in a law that we passed here last
year. Leyden Township in suburban Cook County, by our
authority, created a space needs law last year to be able
to study the kind of space needs that the township might
have. We amended this Bill...or House 3i11 1195, now
addresses that situation. Current law says that the
members oi the township board or the supervisor or others
cannot serve on the space needs law. To save money, to
save time, the simple change that this Bill makes is justsimply to allow those officials to be able to serve on this
space needs board that's been created for Leyden township
exclusively. If there is any questionsr Mr. Speaker, 1
would answer those. not, I would apprecîate your
affirmative votes.''
Speaker Laurino: ''Purther discussion. Seeing none, the Gentleman
moves for passaqe of House Bill 1495. Al1 those in favor
indicate by voting 'aye, opposed 'no'. The board is open.
Have al1 voted who Wish? Have a1l voted who wish? Have
all voted who wish? Take the record, Mr. Clerk. This
Bill, having received ll4 'ayes', 0 'noes', none voting
'present', having received the Constitutional Majority, ishereby declared passed. Representative Rotello: for what
reason do you seek recognition?''
Rotello: ''Thank you, Mr. Speaker. I rise for a point of personal
privilege to announce that 50 years a:o today
Representative Gary Marinaro was born and it's his 50th
1l2
STATE OF ELLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12y 1992
birthday, and we have some cake in the back. It will be
Gary's first and last birthday on the House floor, so we
want to make it a good one.lf
Speaker Laurino: ''Happy birthday, Gary. House Bill 2847,
Representative McAfee. Read the Bill, Mr, Clerk.''
Clerk McLennand: ''House Bill 2847, a Bill for an Act to amend the
lllinois Municipal Code. Third Reading of the Bi1l.''
Speaker Laurino: ''Representative McAfee.''
McAfee: l'Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. House Bill . 2847 amends the Municipal Code. It
basically eliminates the residency requirements for village
treasurers or village collectors. This has the support of
the Dupage Mayors and Managers Conference, and I know of no
opposition. I urge your support.''
Speaker Laurino: ''Further discussion. Seeing none, the Gentleman
moves for passage of House Bill 2847. All those favor
will indicate by voting 'aye', opposed 'no'. The board is
open. Have all voted wbo wish? Have all voted who wish?
Have all voted who wish? Take the record, Mr. Clerk. This
Bill, having received l15 'aye', none voting 'no', none
voting 'present', having received a Constitutional
Majority, is hereby declared passed. Representative Ronan.
House Bill 2945, Representative Flinn. Read the Bill, Mr.
Clerko''
Clerk McLennand: ''House Bill 2945, a Bill for an Act to amend the
Township Law of 1874. Third Reading of the Bill.''
Speaker Laurino: HRepresentative Flinno''
Flinn: ''Thank you, Mr. Speaker. Mr. Speaker and Ladies and
Gentlemen of the House, House Bill 2945 abolishes the
township assessor in St. Clair County only. The reason for
abolishing this, in 1989 there was an Amendment passed here
the Leqislature and signed by the Governor which took
1l3
STATE OF ILLINOTS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Leqislative Day
all of the duties
May l2, 1992
away from the township assessor. It's
only in this èounty that it affects, and the reason they
took the duties away from the township assessor is there
were people moving mobile homes from one pad to another
around the county, from one township to another, and not
ever paying taxes. So, the county took over those duties
With the new law we passed in ,89. So, 1990, 1991, the
township assessors have not had any duties but since they
run next year for a four-year term, now has come the time
to take them off of the ballot. And I would move for the
adoption of the Bill and have offered the township
officials the opportunity, they can come up with
something agreeable, to amend this in the Senate, but in
the meantime, because we're short of time, I would like to
move it out now, and I do not intent to hold it any
longer.''
Speaker Laurino: ''Further discussion. Representative Wennlund.'f
Wennlund: ''Thank you, Mr. Speaker. Will the Sponsor yield? Yes,
Representative, can you explain to the House, what counties
are affected by this abolishing the office of township
assessor?''
Flinn: ''St. Clair County only. It doesn't affect any other
county. We have an elected assessor there, and it's
somewhat different than Cook County and Dupaqe County, and
therefore the Bill ts written in such a manner that, I mean
the original law was written in sucs a manner where ue
elected our assessor, but it only affects St. Clair
County.''
Wennlund: ''HoW does the Township Officials of Illinois...''
Flinn: ''The Township Officials of lllinois do not want to
the...do not want, the job abolished, but they cannotexplain what the guy would do since we've taken all of his
ll4
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTAT:VESTRANSCRIPTION DEBATE
110th Legislative Day May 1992
duties away ic 1989. They had nothing to do in, 90:
nothing to do in '91, will not haveo..and have nothin: to
do this year, '92, and why elect them for four more years
witb no job, just a salary?'Wennlund: ''In St. Clair County does the county assessor do al1
the assessing?
Flinnk ''St. Clair County now is doing all the assessments, mobile
homes and everything. The elected assessor and his
employees do all the assessingo''
Wennlund: ''In all the townships in the county?H
Flinn: ''In al1 the tognshipsp the whole county.'f
Wennlund: ''Thank you very much.''
Speaker Laurino: ''Further discussion. Representative Hartke.
You stand...n
Hartke: ''Thank you very much, Mr. Speaker, Members of the House.
I stand in mild opposition of this piece of legislation.
The Sponsor probably has worked very hard to come to an
agreement. However, think we bave about 8 or 10 days
left belore final date for final passage on Third Reading
here, and I would like to ask the Sponsor to hold tbat .to
see if he can work out some kind of a deal, rather than
passing it out of here, out of our control and over to the
Senate. God knows what will happen over there. So 1, f
really stand in opposition. I think it sets a bad
precedent cn what we're trying to do here. think many of
the assessors in the State of Illinois do a very good joband I'm afraid what this miqht do. So, 1 would ask the
Sponsor to reconsider, to hold it for a whlle so that it
can give them more time to come to an agreement.''
Speaker Laurino: rpThe Chair would like to recognize Senator
Munizzi. She came back to the House just to say hello.Representative Homer.''
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STATE OF ILLINOTS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DESATE
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Homer: f'Wi1l the Sponsor yield? Representative Flinn, I intend
to support your Bill. just had a question. Whathappens, maybe you covered this, but where you abolish the
office of township assessor, and 1 realize it only applies
in counties where...the county elects a supervisor of
assessments, but who takes the place, or who takes over the
iunctions of the township assessor in this situation?''
Flinn: ''We11, the person who takes the place is already taken
place for the last three years, and that's the elected
assessor of St. Clair County. He has been assessing all of
the property, includtng mobile homes. Tbe only thing the
township assessor had left prior to that time, was the
mobile homes, and as I mentioned in thp debate, that the
people who...some of the people who own mobile homes were
moving them from pad to pad and avoiding taxes. Each
township had a separate number. Each township had a
separate system of keeping track of tt, and nobody could
keep track oi where the mobile home came from. So the
county and the schools especially were losing a lot of
h t decided'to take over the duties andmoney, so t e coun y ,
we could not eliminate them until now because we eliminated
them startin: next year's election. They'll no longer be
on the ballot to be elected in township elections.''
Homer: ''So in addition to havin: an elected supervisor of
assessments...''
Flinn: ''It's not a supervisor, itfs elected assessor.''
Homer: ''What's the title?''
Flinn: ''It's an elected assessor. He's an assessor Who is
elected, just like all the other county offices.''Homer: see, so he's, hefs ah he's a county assessor. And
when you did that, they expanded the scope of that
individual's duties to include county-wide assessments.''
l16
STATB OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DBBATE
140th Legislative Day
Flinn: ''That's right.''
Homer: ''Okay. Thank you.''
Speaker Laurino: ''Further
May 1992
discussion. Representative Giglio.''
Giglio: ''Thank you, Mr. Speakery Ladtes and Gentlemen of the
House. just rise support of the Bill. thinkRepresentative Flinn ought to be commended. What he is
trying to do: Here you have a position where it's no more
needed. You're looking for the county and the people to
save money, and : can see that Representative Flinn and,
hopefully like othersp can see the Light. There's no
responsibility) there's no duty. It's just like the
assessors in Cook County. They spend tons ol money sending
them to school and yet they don't have the power to assess,
nor even to give injormation. So I think it's a good Bill,
and I think everybody ought to vote for it.n
Speaker Laurino: f'Further discussion. Representative Peterson.''
Peterson: ''Thank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Laurino: ''He indicates he will.''
Peterson: ''Representative Flinn, why wouldn't those offices serve
the same purpose as the offices in the townships Cook
County, which has a county assessor, where people can go
and get information on property, they can file their
exemptions, if they're a senior, or they can get other
general information, as opposed to having to go al1 the way
to the county seat. In Cook County if you had to come from
. the corner of my district Which bas Palatine Township, all
the way down to the county office, that's 35 miles going
throuqh...down into the City of Chicago. Right now those
people don't have to do that. They can go right that
office and get information from the township assessors, wbo
do not, in fact, do assessing.''
Flinn: ''Well, in the first place, that's wbat we tried Eo work
ll7
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2: 1992
out in an agreement. Of course, would say to you up
frontz that St. Clair County is not as large as Cook
County, both in area or population, and the assessor is
much more accessible in St. Clair County, the elected
assessor is, than the one is in Cook County. But number
two is, the reason we couldn't come to an agreement: is
because the county didn't want to pay 'em and some of the
townships absolutely refuse to pay 'em for doing nothing.
Doing nothing for the townships. So the job is being done
perfectly now. We're collecting a1l of the taxes, so far
as we know, on mobile homes and everything else, and
not willing to change the system because we fought hard to
9et the system changed to where we could collect all of the
money due the county, and as mentioned earlier, the
schools were the biggest loser of all. So I'm not willing
to qo back to that but they want to use them for that
purpose, thatfs fine with me. I'd be willing to elect them
in the township and 1et the county pay them if they need
more help, but they've already been replaced. Nineteen
township assessors have been replaced by two employees in
the assessor's office.''
Peterson: ''We1l, to the Bill, Mr. Speaker. understand the
position of Representative Flinn and I understand some of
the problems they're having in St. Clair County, but I
think closing those offlces will be detrimental to the
people who live in those townships, and I think that they
should go back and try to Work out Some type oi a service
agreement between those townships and the county, and I
would urge my colleagues Eo defeat this Bill. Thank you.''
Speaker Laurino: ''Further discussion. Representative Lanq.''
Lang: ''Thank you, Mr. Speaker. Will the Sponsor yield?
Representative, understand this is just for 'St. Clair
ll8
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
County. Do we have your commitment that it will stay that
Way? ''
Flinn : '' I can ' t hear you . f'
Lang: ''Do we have your commitment that the abolition of the
office of township assessor in St. Clair County, it will
just remain St. Clair County. ?ou have no intention ofaddinq...''
Flinn: ''I have, have no intention of qoing any f'urther than
this. All we're trying to resolve is the fact that we have
an elected township assessor whc has absolutely no duties
left and are still drawing a salary. That's intolerable by
the people who pay taxes down there, and they don't want it
to continue, and I'm helping them put a stop to it.''
Lang: ''Thank you.f'
Speaker Laurino: NAny iurther discussion? Representative
Pedersen, Pedersen.''
Pedersen: ''Vou got it right the first time Mr. Speaker.''
Speaker Laurino: 'Q 'm sorry.''
Pedersen: ''Mr. Speaker, Ladies and Gentlemen of the House. I'm a
former township assessor in Cook County, and I've never
had any great...confidence a further centralization of
powers. think that our big...our big way to go in
Illinois and in our counties and what is really
decentralization and local control of local empowerment. T
think in a situation like assessors, particularly in areas
that have growth, and it's more urban, and what have you,
you have a much qreater need for the branch office, so to
speak. And I think that townships are made to order there.
They're legal, the structure is there, and it you're having
problems With some of those township assessors, think
maybe it's time to replace them and :et people that really
want to serve the people and do the job right vith local
1l9
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Leqislative Day May l2, 1992
service that's convenient and helpful and much better than
centralization and command and control, a top-to-bottom
approach to thlngs. So I would recommend that this is a
bad precedent. In Cook County we ought to be
decentralizing and using those townships more than, much
more than we are. We do provide a great service, even
though we don't assess. We have, we have a great service
to the people in helping, helping them as my colleague has
mentioned, and this should not be in...changed. It should
be made more so, so T would recommend a no vote.''
Speaker Laurino: ''Further discussion? Representative Blacko''
Black: HThank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Laurino: r'He indicates he will.''
Black: ''Thank you. Representative, this is being portrayed as
only affecting Clair County. For point of
clarification, fact you have an elected supervisor of
assessments, elected county wide, then this impacts that
county as well, would it not?''
Flinn: ''No it does not.''
Black: would not?''
Flinn: ''It does not. It only affects St. Clair County.'!
Black: ''Why would it afiect St. Clair differently than, say,
Vermilion, who does have an elected supervisor of
assessments?''
Flinn: ''Wel1, it says so very plainly that that's who it affects.
That's correct: lt affects only St. Clair County. Cook
County has a different set of laws that involve their
assessor, elected assessor. We elected ours under
different sets of circumstances. We elected ours after
eliminating a board of review by the publlc demand, and the
county board put it on the ballct and that's hoW We did it.
l20
STATE OF ILLINOIS87th GENERAL ASSEMBLVHOUSE OF REPRDSENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
We are operating completely under a different law
altogether, and so we eliminated the duties of the township
assessor in St. Clair County and it did not affect Cook
County then either. Cook County still qot their
assessorsm''
Black: !'Well, I understand that. I'm not talking about Cook.
:'m talking about my home county of Vermilion that does, I
think, the same thing. We have an elected supervisor of
assessments, runs county wide. We also have an elected
board of review. So my concern is since we seem to be
doing the same things St. Clair County is doing, would this
9ill not then also affect Vermilion County?''
Flinn: ''How do you...how is your assessor...ls he elected?''
Black: ''He's...They are...He's elected now. Yes. He used to be
appointed.f'
Flinn: ''Yes.''
Black: ''And we also have an elected board of review.''
Flinn: ''Just a minute, Mr. Speaker. Well, 1et me...let me say
this to you, Representative Black. If...if you are
correct, and does involve Vermilion and you don't Want
it to involve will most certainly agree to an
Amendment. lf you have one ready now 1'11 pull it back, or
we'll do it in the Senate.''
Black: ''Okay.''
Flinn: ''Let me assure you that I have no intention of it having
any efiect on any other county with this leqislation,
except St. Clair.''
Black: ''I appreciate that, tbank you.''
Speaker Laurino: ''Further discussion? Representative Weaver.f'
Weaver: ''Mr. Speaker, somethinq I've always wanted to do. I move
to the previous question.t'
Speaker Laurino: ''Previous question has been put. All those in
12l
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
favor indicate
May l2, 1992
by saying 'aye'. Opposed, 'nay'. The
'ayes' have. The question is put. Representative Flinn,
to close.''
Flinn: ''Mr. Speaker, I just ask for a favorable vote. think
the issue has been discussedo''
Speaker Laurino: ''Gentleman moves for the adoption or passage oi
House Bill 2945. A1l those in favor indicate by votin:
'aye'. Those opposed, vote 'nay'. The board is open.
Have all voted who wish? Have all voted who wish? Have
a11 voted who wish? Representative Flinn, for what reason
do gou arise?''
Flinn: ''Wel1, Mr. Speaker, since I'm the Sponsor, guess I could
also explain my vote. would like to point out, that
since Representative Black talked to me, that it's Section
5B of the Revenue Act, affects St. Clair County only, and
that's what We're dealing with here. Wedre not dealing
with any other section. So all of you who are votin: red,
1et me assure you that you are voting against the taxpayers
of St. Clair County. Youlre forcing them to elect an
assessor who has absolutely no duties. Now if that's what
' you want, well that's what you'll get, but would suggest
to you, you go home and tell your voters that you made some
other voters pay for absolutely nothing, for a nothing job,and maybe you'll have to answer the questions instead of
myselfv''
Speaker Laurino: ''Representative Matijevich, for what reason do
you arise, Sir?''
Matijevich: ''Wel1, like to explain my vote, too, becausesomebody said this ls a bad precedent. There may be a bad
precedent. Since when is it a bad precedent to remove
somebody from office who does absolutely nothing? That
ought to be a good precedent. As far as I'm concerned,
122
STATE OF ILLISOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPT:ON DEBATE
140th Legislative Day May 12, 1992
this ought to be a vote that oughta go across the state,
that you're...You know I hear so many of you talking
about down-sizing, down-sîzing government. Now we sure
ought to down-size government when government does
absolutely nothing. This ought to be a vpte, a test vote.
Are you for down-sizinq qovernment for somebody doing
absolutely nothing? If you are, yes. you aren't, then
tell your taxpayers you aren't.''
Speaker Laurino: ''Have a1l voted who wish? Have all voted who
wish. Take the record, Mr. Clerk. This Bill havinq
received 63 'aye' 'nay' votin: 'present' having?' #
'
#
'
received the Constitutional Majority, is hereby declaredpassed. House Bill 2958, Representative Manny Hoffman.
Read the Bill, Mr. Ckerk.''
Clerk O'Brien: ''House Bill 2958, a Bill for an Act to amend the
Metropolitan Water Reclamation District Act. Third Reading
of the Btllv'f
Speaker Laurino: 'fRepresentative Hoffman moves for the adoption
or passage of House Bill 2958. A1l those in favor,
indicate by voting 'aye'. Opposed, 'nay'. The board is
open. Have all voted who wish? Have a1l voted who wish?
Have a1l voted *ho wish? Take the record, Mr. Clerk. This
Bill having received ll5 'ayes', none voting 'nay', none
voting 'present', having received the Constitutional
Majority, is hereby declared passed. Representative Keane,in the Chair.''
Speaker Keane: ''House Bill 3030, Representative Flinn. Mr.
Clerk, read the Bill.''
Clerk O'Brien'' 'rHouse Bill 3030, a Bill for an Act to amend the
Counties Code. Third Reading of the Bill.''
Speaker Keane: ''Representative Flinn.''
Flinn: ''Thank you, Mr. Speaker. want the Membership to know
123
STATE OF ILLINOIS87th GENERAL ASSBMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 1992
had nothing to do with changing the Speakers up there but
House Bill 3030, currently under the law: the...a sheriff
may appoint a special deputy to serve any summons issued
out of court, by endorsement; and what we're trying to do
is to have the sheriff appoint special deputies to serve
any kind of papers of that sort, whether it's out of
endorsement or not. And the purpose of the Bill is to try
to reserve the deputy sheriffs as law enforcement officers
and use other people, who are perfectly qualtfied, to-serve
the legal papers and that sort of thing, to keep from using
a sheriff who, a person who has been trained as a police
officer, and wasting his talent. would move for the
adoptton of the Bill and answer any questions.''
Speaker Keane: ''On the question, Representative Blacko''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
Xield?''
Speaker Keane) ''He indicates he will.'f
Black: ''Representative: I...it's been a While since Ilve served
on a county board, but it's my, thought that special
deputies.vvthat ability of a sherigf to appoint special
deputies has been removed by statute. Is my memory faulty,
or 1...1 thought we took that power away from them some
time ago.''
Flinn: ''We1l, somehow, some way it's still the way 1 read it to
you, that theyfre allowed to appoint a special deputy to
serve any summons issued out of court, by endorsement, see?
What we're trying to do is to say, it doesn't require the
endorsement.''
slack: ''Wouldw..would your Bill in any way allow a special deputy
to carry a badge and/or gun?''
Flinn: I can't hear you. We have a bit of noise over here.
Repeat please./'
124
STATE OF ILLINOIS87th GENERAL ASSEM3LXHOUSE OF REPRESEFTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Black: ''As to your intent, if the sheriff, and and 1...1 really
think we need some staff to look this up, I don't think the
sheriff can appoint a special deputy anymore, but if.o.if
that is not the case, if they can, is it your intent that
this special deputy would be issued a badge and/or be able
to carry a gun?''
Flinn: 1'Ko.r'
Blackl ''He wouldn't carry a badge or a gun, either one?''
Flinn: ''Not to my knowledge, 1...1...1 don't...There's nothing in
this Bill that wouldap.would require him to carry..owould
be allow him to carry a badge or a gun.''
Black: ''All right. Thank you.f'
Speaker Keane: ''Any further discussion? There . bein: none: the
question is, 'Shall this Bill pass?' All those in favor
vote 'aye'. All opposed vote 'no'. The voting is open.
Have a1l voted who wish? Have all voted who wish? Mr.
Clerk, take the record. On this Bill, there are 109 voting
'aye', none voting 'no', 2 voting 'present' and House Bill
3030 having received the required Constitu'tional#
Majority...put Stepan as 'aye', vote 'aye'. On this Billthere are l10 voting 'aye' none voting 'no' voting# #
f t' and this Bill, having receiving the requiredpresen #
Constitutional Majority, is hereby declared passed. House
Bill 3108, Representative Capparelli. Mr. Clerky read the
Bill.''
Clerk O'Brien: ''House Bill 3108...''
speaker Keane: ''Parion me, 3104.'6
Clerk OfBrien: ''House Bill 3104, a Bill for an Act to amend the
Counties Code. Third Reading cf the Bi11.''
Speaker Keane: ''Representatlve Capparellia''
Capparelli: nThank you, Mr. Speaker. House Bill 3104 states that
the office of coroner has been abolished in the county
l25
STATE OF ILLINOIS8.7th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
by referendum, the county board shall select a person to
perform the duties previously conducted or performed by the
coroner. The selection shall be made within six days,
after the referendum, or within 60 days after the effective
date. I would ask for a favorable roll càll.''
Speaker Keane: ''Is there any discussion? There being none, the
question is '5ha1l this Bill pass?f A1l those ln favor
vote 'aye'. A11 opposed vote 'no'. The voting is open.
Have all voted who wish? Have a1l voted who wish? Mr.
Clerk, take the record. On this Bill, there are ll3 voting
'aye', 0 voting 'no', 0 voting 'present' and House Bill
3104, having received the required Constitutional Majority,is hereby declared passed. House Bill 3105, Representative
McGuire. Mr. Clerk, read the Bil1.f'
Clerk O'Brienl ''House Bill 3105, a Bill for an Act to amend the
Intergovernmental Cooperation Act. Third Reading of the
Bi11.''
Speaker Keane: ''Representative McGuire.''
McGuire: 'fYes, Sir, Mr. Speaker. Ladies and Gentlemen of the
House, rise today on #he beautiful day oi the 12th oi May
to offer House 3ill 3105, and lt's a bipartisan effort
between myself and Representative Wennlund. affects a
couple of townships in Will County. Briefly, it amends the
Intergovernmental Cooperation àct, and it adds townships
and counties with a population under 700,000, to the list
of entities that can establish a Municipal Joint Action
Water Agency by intergovernmental action. We have a few
townships in Will County Who Would like to secure Ehelr
water from Lake Michigan, and I'd ask for your fayorable
response on this this piece of legislation and for' my
birthday, I'd like you to pass this Bill out andp..These
townships are not even my district.f'
l26
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTAT:VESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Speaker Keane: ROn that issue, Representative Wennlund.''
McGuire: ''hearing no questions, Mr. Speaker. ask for a
V O 6 C * 51
Speaker Keane: ''On Third Reading, I think you...whether you like
it or not, you're going to have one. On that issue,
Representative Wennlund: Representative Wennlund.''
Wennlund: 'fThank you, Mr. ' Speaker. Maybe should have had my
name removed from the Co-sponsorship of this fine bill, but
I want to wish Representative McGuire a Happy Birthday and
he is certainly deserving of a 'yes' vote on his, his
birthday, and we have a situation in...in many counties in
this state, and there's...therers...ln Will County there
are several townships without an incorporated municipality
in them, and a1l thts Bill does is allow the townships to
join together in intergovernmental cooperation agreementswith cities and counties to provide public water supply to
these townships. It's an excellent piece of legislation,
and I rise in support of and ask everyone else to
support it. Representative McGuire has a wonderful Bill
here, and we al1 ought to support it.''
Speaker Keane: f'Representative Wojcik.''
Wojcik: l'Would the Sponsor yleld, please?''
Speaker Keane: ''He indicates he wi11.''
Wojcik: ''Representative, I just heard the word 'township'. lsthis another abolishment of township qovernment?''
McGuire: ''No no way.''
Wojcik: ''Are you sure? To me it seems like another way to getrid of some areas in township qovernment.''
McGuire: f'No.f'
Wojcik: ''Would you do that on your birthday?''
McGuire: r'Pardon me?f'
Wojcik: ''Would you do something like that on your birthday?''
l27
*R . j
STATE OF ILLINOISE ,87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPT:ON DEBATE
l 140th Legislative Day May l2, 1992I
McGuire: ''No : wouldn't do it any dayo''
Wojc i. k : ''You wouldn ' t? ''McGu i re : ''No . 1#
Wojcik: ''Okay, then we're not abolishing townships or anythinglike that?n '
McGuire: r'No I'm a former township supervisor.''
Wojcik: ''I'm a former township clerk.r'
McGuire: ''I know you are.''
Speaker Keane: ''You guys can meet in the back of the room after
Session. Representative Blackmn
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor of
this Bill yield?''
Speaker Keane: PHe indicates he will.rr
Black: ''Representative, let me just make sure, to establishintent. Our analysis says that the current 1aw allows
this, but only if you're taking water from Lake Michigan:
and I've asked the the outstanding Co-sponsor of this Bill
and he assures me that that's not the case, and I want to
make sure that that's your intent as well, that...Because
it wouldn't help very many downstate townsbips...if...if we
go together and do this, but the only water we could access
was Lake Michigan. I just want to m4ke sure that's notyour intent.''
McGuire: ''No it's not.''
Black: ''Evidently thatfs the current law. Correct.''
McGuire: ''That's correct.l'
Black: HAnd so this this would 1et townships then go together be
it a well or some alternative water supply, anywhere in the
State of Illinois, correct?''
McGuire: ''lt would apply to any townshlps and counties with the
population as stipulated. but it's basically geared toward
those townships in Will County.''
128
I
ii
iSTATE OF ILLINOIS
87th GENERAL ASSEMBLYHQUS; QF REPRESENTATIVESTRANSCRIPTION DEBATE
l4Qth Legislative Day May l2, 1992
Black: ''But if...if some downstate townships, and water is a
serious problem there as well, the current law says that
you can only, by these joint agreements, you can onlyaccess water from Lake Michigan. Well, thatds...that's out
of the question, in my part of the state.''
McGuirel ''Yeah. ïesm''
Black: ''I...I...for purposes of legislative intent, itfs not your
intent that this Bill restrict any joint water effort to goaiter Lake Michigan water. We could go after water any
where we could find it, correct? Thank youo''
McGuire: ''Yes.''
Speaker Keane: ''Representative McGuire, to close.''
McGuire: ''I'd just ask for your favorable vote on this important
issue to the people of Will County, and thank you.''
Speaker Keane: 'rThe question is 'Shall this Bill pass?' Al1 in
favor vote 'aye'. A11 opposed, 'no'. The voting is open.
Have all voted who wish? Have a1l voted who wish? ' Have
a1l voted who wish? Mr. Clerk, take the record. On this
Bill, there are 1l1 voting 'aye', none voting 'no', none
voting 'present',and this Bill, having received the
required ConsEitutlonal Majority, is hereby declared
passed. House Bill 3134, Representative Delaegher. Mr.
Clerk, read the Bi11.''
Clerk O'Brien: ''House 3i11 3134, a Bill for an Act to amend the
County's Code.r'Third Reading of the Bill.''
Speaker Keane: ''Representative Delaegher.''
Delaegher: ''Thank you, Mr. Speaker and Members of the General
Assembly. House Bill 3134 was requested by Rock Island
County. It is...it is a front door referendum. It amends
the Counties Code; provides that a county board may adopt a
Resolution increasing the rate of property tax levled, for
providing community health facilities and services. The
I
l29
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992 I
question of the increase must be presented to the electorsl
of the county at a referendum and basically, that's al1 the
Bill does. I ask for your support. Thank youg'f '
Speaker Keane: ''Any discussion? There being none, the question
is lshall this Bill pass?' A11 in iavor vote 'aye'. All
opposed, vote 'no'. The voting is open. Have a11 voted
who wish? Have a11 voted who wish? Mr. Ckerk, take tbe ,
record. On this Bill, there are 85 voting 'aye'...84
voting 'aye', 22 voting 'no' 4 voting 'present' and thisT
'
Bill: havinq received the required Constitutional Majority,is hereby declared passed. House Bill 315à, Representative
Frederick. Mr. Clerk, read the Bi11.'f
Clerk O'Brien: ''House Bill 3153, a Bill for an Act to amend the
North Shore Sanitary District Act. Third Reading of the
. Bi11.''
Speaker Keane: ''Representative Frederick.''
Frederick: ''Thank you, Mr. Speaker and Ladies and Gentlemen of
the House. House Bill 3153 amends the North Shore Sanitary
District Act. It's a Bill that does three things, all oj
whicb are agreed to by the county board and the sanitary
district. It provides that the trustees of the district
shall assume office in December, after the November
election, instead of May. It provides that the trustees,
the President of tie Board of Trustees shall fill vacancies
by appointment, and it allows the sanitary district to
reapportlon itself into wards for purposes of trustees term
oj office. This gives the North Shore Sanitafy District
the same powers as other sanitary districts, and I 'would
appreciate your 'aye' vote.''
Speaker Keane: ''On that issue, Representative Martineza''
Martinez: 14Mr. Speaker, T wish to have the record reflect that I '
would have voted 'aye' on the previous Bill, 3134.''1I
l30
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Keane: ''The transcript will so reflect.''
Speaker Keane: ''Is there any discussion on this Bill? There
being none, the quesEion 'Shall this Bil1 pass?' Al1
those in favor vote 'aye'. All opposed vote 'no'. Voting
is open. Have a1l voted who wish? Have all voted Who
wish? Mr. Clerk, take the record. On this Bill, there are
voting 'aye', voting 'no' none voting 'present'
and this Bill, having received the required Constitutional
Majority, is hereby declared passed. House Bill 3170,Repreéentative Giorgi. Representative Giorgi, do you want
to read...Do you want to have your...lHouse Bi11) 3172.
Out of the record. House Bill 3191, Representative
Saltsman. Mr. Clerk, read the Bi11.rr
Clerk O'Brien: ''House Bill 3191, a Bill for an Act to amend the
Township Law oi 1874. Third Reading of the Bill.''
Speaker Keane: ''Representative Saltsman.''
Saltsman: ''Thank you, Mr. Speaker. What this Bill does...We
passed this Bill last year and it was signed 1aw by the
Governor. It changed the bonding structure just a smallamount. What it does is allows the township board to put
on a referendum an issue to purchase revenue bonds to build
a senior citizens' housing program, and ask for its
RZSSZBCYI
Speaker Keane: ''Is there any discussion? There being none, the
question is 'Shall this Bill pass?' Representative Homer.''
Homer: ''Thank you, Mr. Speaker. Very briefly? believe this
3i11 is for...To enable Limestone Township in Peoria County
*o, by front door referendum, levy a tax to build a senior
citizens' center. That is an area that will be in my new
legislative district, and 1'm proud to join RepresentativeSaltsman in this...this legislation.''
Speaker Keane: ''Question is, 'Shall this Bill pass?' All those
l3l
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992 'I
in favor vote 'aye'. A11 opposed vote 'no'. Have all I
voted Who wish? Have a1l voted who wish? Mr. Clerk, take
the record. On this Bill, there are l05 voting 'aye', l
voting 'no', l voting lpresent' and this Bill, havinq
received the required Constitutional Majority, is hereby
declared passed. House Bill 3204, Representative Steczo.
Representative Steczo, do you want to have 3204. Out of
the record. (House Bill) 3205. Out of the record. (House
Bil1) 3210, House Bill 3210, Representative Jay Hoffman.
Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 3210, a Bill for an Act to amend the
County Jail Act. Third Reading of the Bi1l.''
Speaker Keane: ''Representative Hoffman.''
Hoffman, J.: ''Mr. Speaker, Ladies and Gentlemen of the House,
House 5ill 3210 would amend the County Jail Act by deleting
provisions requiring separation of persons charged with an
offense from those convicted of a crime. Essentially what
this would do is allow small county jails not to put...not
to put in the same cell, but to keep in the same general
area. This is an idea that would insure the Counties could
deal with the jail overcrowding problem. I ask for an
'aye' vote.'' '
Speaker Keane: ''On that issue, Representative Lango''
Lang: ''Thank you, Mr. Speaker. Just to help my colleague out a
little bit. Some of the Bills that were printed, House
Bill 3210, somehow have House Bill 3257 on the second page,
so just to clarify the record, Representative Hoffman istalking about LRB #8709129AJMB. Thank youorr '
Speaker Keanel nRepresentatlve Black.'f
Black: ''Wi11 the Sponsor yield?''
Speaker Keane: 'rHe indicates he will.f'
Black: ''Thank you. Representative, I...lwo.certainly bave no...I
l32
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTNANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
think youfre on the right track here, but I just, forintent, and I wish the answer was yes, but I'm afraid itrs
Thls doesn't mean that we can house juveniles...remember that federal mandate that came down a couple of
years ago, where you have...We've always been able to house
them separately, by sight and sound, but now we can't house
them at all. This, unfortunately isn't going to do
anythin: to alleviate that problem, right?''
Hoffman, J.: HNo, think that's going to have to be left to
another day. This doesn't have anything to do with
juveniles. It really doesn't.''Black: ''Wel1, a half a loaf is better than none. You have a good
Bill.''
Speaker Keane: ''Representative Parke.''
Parke: ''Wil1 the Sponsor yield for a question?''
Speaker Keane: ''He indicates he wi11.''
Parke: ''Representative, if you're qoing to have separate
facilities or separate areas, will this incur additional
funding?''
Hoffman, J.: ''No, this says...this is doing just the opposite.Right now it says that they have to be housed in separate
areas. This allows them to be housed in the same areas.
Right now, therers a distinction between conviction and
awaiting trial in a county jail. This says now you can
keep them in the same areas. So this would ensure or have
somethin: to do with effecting and ensurinq that we could
qet out of this jail overcrowding mess on the countylevel.l'
Parke: HSo in fact itls going to save the taxpayers money??
Hoffman, J.: ''Hopeiully, hopefully by doin: this, you won't need
to continually increase the capacity of jails.''Parke: ''Thank you.''
133
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Keane: ''Representative Ropp.'' '
Ropp: ''Thank you, Mr. Sppaker. I just kanted to stand in support
of this because here in McLean County, we just built a
brand new jail within the last few years and without thisBill, ve vould now have to go and build additional
facilities. This allows counties to actually save money,
by not actually having additional space, but allows people
to stay in the same area. It's a good Bill. We urge your
support.''
Speaker Keane: ''Representative Klemm.''
Klemm: ''Thank you, Mr. Speaker. Just to the Sponsor, I guess. 1
only have some concerns about a young person may be charged
with a crime being housed with somebody who is convicted of
a serious offense, and I don't know how you separate them;
and that's the reason that I think the intent of the
original legislation was so we prevented, particularly
young people, from being placed for weeks and months,
sometimes, while waiting trial to be with those who are
convicted of some very serious offenses, andl was wondering
could you address that somehow to allay our fears?''
Hoffman, J.: ''I think that just for theo.afor the intent, and I
think it will address. This isn't talking about and
allowing people to be kept in the same cell. It's being
kept in the same area, and it isn't the intent and so, it
will go on the record, it isn't the intent of this
legislation to allow allow them to be kept in the same
cell. However, they could be housed in the same general
area. Right now, I don't think that thatds.p.that can be
done under our present la#.''
Klemm: ''Al1 rlght, does the Bl11 speclflcally say EhaE it can be
housed in the same area but not in the same cell...or does
it leave it to the discretion of the sheriff and the
l34
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
assignment of those who are accused and those who are
convictedr'
Hoffman, 'Q t doesnlt speciflcally say that, no, but think
that through the legislative intent and...and possibly
will make a commitment to you over in the Senate to...to
have that addressed as an Amendment over there.l'
Klemm: ''All right, well, that's fine. Thank you very much.f'
Speaker Keane: ''The question 'Shall this Bill pass?' A11
those in favor vote 'aye'. A1l those opposed vote 'no'.
The voting is open. Have al1 voted who wish? Have al1
voted who wish? Mr. Clerk, take the record. On this Bill,
there are voting 'aye' 0 voting 'no' votingt #
'present', and this Bill, having received the required
Constitutional Majority, is hereby declared passed. HouseBill 3379, Representative Peterson. Mr. Clerkz read the
Bill.''
Clerk OlBrien: f'House Bill 3379, a Bill for an Act to amend the
Local Government Professional Services Selection Act.
Third Reading of the Bil1.H
Speaker Keane: ''Representative Peterson.'f
Peterson: ''Thank you, Mr. Speaker. House Bill 3379 would provide
that certain provisions oi the Act may be waived in
emergency situations or when the costs of architectural,
engineering, and land surveyinq services for a project is
expected to be less than $25,000. This Bill was put in at
the request of Lake County and what it does is it raised
the waiver for bids in emergency situations from $10,000 to
$25,000, and this 5i11, it became law, would also be
applicable to the City of Chicago, and you know some of the
problems they had because they couldn't waive a bid because
it was a little bit over 410,000. It's a good Bill. It's
supported by many units of local government, and I ask jor
l35
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
your 'aye' vote on House Bill 3379.'1
Speaker Keane: ''Representative Hartke.''
Hartke: ''Wi11 the Sponsor yield?''
Speaker Keane: ''He indicates he wil1.''
Hartke: ''I'm not opposed to the idea or your concept. justwanted to get clear in my mind, what creates an emergency?''
Peterson: ''The emergency has to be one that is presented to the
board. In other words, the administration on its oWn
cannot go out and take tbe bids. The board, the county
board or the city council would have to act by ordinance to
waive those requirements.'l
Hartke: ''So they would have to pass a resolution. Saying this is
an emergency because we don't have time to do the normal
bid process. They pass the Resolution, and then they could
up it to $25,000.''
Peterson: ''That's correcto''
Hartke: ''Thank you.''
Speaker Keane: ''The question is, 'Shall this Bill pass?' Al1
those in iavor vote 'aye'. Al1 opposed vote 'no'. Voting
is open. To explain his vote...: apologtze,
Representative. Have a1l voted who wish? Have a11 voted
who wish? Mr. Clerk, take the record. On this Bill, there
are 1l0 voting 'aye' none voting fno' 2 voting 'present'' F
'
'
and this Bill, having received the required Constitutional
Majority, is hereby declared passed. House Bill 3417,Representative Pedersen. Mr. Clerk, read the Bill.''
Clerk O'Brienl 'rHouse Bill 3417, a 3i1l ior an Act to amend the
Chicago Sanitary District Enlargement Act. Third Reading
of the Bil1.''
Speaker Keane: ''Representative Pederseno''
Pedersen: ''Thank you, Ehank you, Mr. Speaker. thls Bill does
is aqnex three parcels that that were originally
l36
F
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
un-incorporated and have been now been incorporated into
the villaqe of Palatine. The village of Palatine is in the
water reclamation district, and they're asking us to annex
this...these parcels into the sanitary district. So I urge
an layer voteo''
Speaker Keane: ''ls there apy discussion? There being nonez the
question 'Shall this Bill pass?' A1l those in favor
vote 'aye'. All opposed vote 'no'. The voting is open.
Have all voted who wish? Have al1 voted who wish? Mr.
Clerk, take the record. On this Bill there are 113 voting
'aye' none voting 'nol none voting 'presentf and thisF #
'
t
'
Bill having received the required Constitutional Majority,
is hereby declared passed. House Bill 3473, Representative
Steczo. Let the record show...the transcript show that
Representative Mautino would have wanted to vote 'aye' on
the previous Bill. Same for Balanoff. (House Bi11) 3473,
out of the record. (House Bill) 3485, Representative Jay
Hoffman. Mr. Clerk, read the Bill.''
Clerk O'Brien: ''House Bill 3485, a Bill for an Act to amend the
Counties Code. Third Reading of the Bil1.''
Speaker Keane: ''Representative Hoffman.''
Hoffman, 'fMr. Speaker, Ladies and Gentlemen of the House,
House Bill 3485 essentially would allow counties to use
court..oWould eliminate provisions specifying the sheriff
as the officer for whom the county board may enact orders
for court serviceé fee for providinq security to the court.
A11 this really does, the sheriif would still provide the
court services, but if you have a detention center in your
county, many times 1t...3485. If you have a detention
center or juvenile facility in your county, many Eimespeople from the detention center are the ones who do the
transportation and the security of those juveniles. This
137
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
would allow the
May 12, 1992
county, by ordinance, to help defray those
costs. would also allow, : believe, the county to use
this court service, or this court security money, that we
presently already collect for things like metal detectors,
et cetera, would clear it up. ask for gn 'aye' voteo''
Speaker Keane: ''Representative Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
yield?''
Speaker xeane: ''He indicates he will.''
Black: ''Representative, intend to support your Bill and
certainly think we've read in the last few weeks about the
increased need for security in our our court jacilities.
The only question I have has anyone from the Sheriff's
Association contacted you. Are they in agreement with this
Bill or do they even know about it.''
Hoffman, don't...nobody has contacted me. When I did
in committee, Joe Vudd was sitting the committee. I
don't think that there's a problem.''
Black: ''Okay.''
Hoffman, J.: ''They haven't told me there was or there wasn't.
haven't talked to them about the Bi11.''
Black: 'rA1l right. Thank you very mucho''
Speaker Keane: NQuestion is, 'Shall this Bill pass?' All those
in favor vote 'aye'. All opposed vote 'no'. Voting is
open. Have a1l voted who wish? Have a11 voted who wish?
Mr. Clerk, take the record. On this Bill, there are l03
voting 'aye' 4 voting 'no' voting 'present' and this#
'
F
'
. '
Bill, having received the required Constitutional Majority,is hereby declared passed. House Bill 3516. Mr. Clerk,
read the Bi1l.''
Clerk O'Brien: ''House Bill 3516, a Bill for an Act concerning
zoning. Third Readinq of the Bll1.H
l38
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Speaker Keane: ''Representative Walsh.''
Walsh: ''Mr. Speaker, Ladies and Gentlemen ot the House, this Bill
is very basic. It's a requesting that the township board
of trustees may submit to the corporate authorities of the
municipality a written request that a meeting be held to
discuss a proposed municipal zoning ordinance or
resolution. a éorm of cooperation and hopefully will
eliminate problems that have occurred in the past and and
would prevent them from occurring in the future. I request
an 'aye' vote on this Bill. Thank you.''
Speaker Keane: ''Any discussion? There being none. The question
is 'Shall this Bill pass?' All in favor vote faye'.
opposed vote 'no'. The voting is open. Have a11 voted who
wish? Have a11 voted who wish? Mr. Clerk, take the
record. On this Bill, there are 109 voting 'aye', 0 voting
'no', voting 'present', and this Bill, having received
the required Constitutional Majority, is hereby declaredpassed.. House Bill 3662, Representative Cowlishaw. Mr.
AClerk, read the Bil1.''
Clerk O'Brien: ''House Bill 3662, a Bill for an Act to amend
Downstate Forest Preserve District Act. Third Readinq of
the Bi11.''
Speaker Keane: ''Representative Cowlishaw.''
Cowlisbaw: ''Mr. Speaker, agreed in committee to amend this Bill
and my Amendment has been filed and I believe it has been
distributed. So, if I may, I would ask, please, in order
to keep my word to the committee, : might bring this
3i11 back to Second Reading for the purposes of an
Amendment?''
Speaker Keane: ''We're going to do that at another time. So...''
Cowlishaw: ''Very good. Thank you, Mr. Speaker.'r
Speaker Reane: HRepresentative Mcpike, in the Chair.rr
l39
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
l40Eh Legislative Day May l2, 1992
Speaker Mcpike: ''House 5il1 3675, Representative Capparelli.
Read the Bill, Mr. Clerk.f'
Clerk O'Brien: ''House Bill 3675, a 3ill Ior an Act to amend the
Metropolitan Water Reclamation District Act. Third Reading
of the Bi1l.''
Speaker Mcpike: ''Representative Capparelli.''
Capparelli: ''Thank you, Mr. Speaker. House Bill 3675 amends the
Metropolitan Water Reclamation District Act, to clarify
that a city, village, or town with whom the distrlct enters
into an agreement to provide service, must be located
wholly within Cook County. Tbe district boundaries do not
extend beyond Cook County. would ask for a favorable
Roll Call.''
Speaker Mcpike: ''Any discussion? Being none, the question
is,'shall this Bill pass?' A11 those in favor vote 'aye'.
Opposed vote 'no'. Have all voted? Have a11 voted who
wish? The Clerk will take the record. On this Bill, there
are lll 'ayes', and no 'nays', and House Bill 3675, having
received the Constitutional Majority, is hereby declaredpassed. House Bill 3676. Read the 5ill, Mr. Clerk.''
Clerk O'Brien: ''House 3ill 3676, a Bill for an Act to amend the
Metropolitan Water Reclamation District Act. Third Reading
of the Bi1l.''
Speaker Eeane: ''Representative Capparelli.''
Capparelli: ''Yeah. Senate Bill, I mean House Bill 3676 amends
the Metropolitan Water Reclamatlon Dtstrict Act to extend
the corporate limits to include certain lands in Palatine
and Wheelin: township. The district is already servicing
these areas in these districts and the corporate limit
should be statutorily amended to reflect this. I would ask
for a favorable roll callor'
Speaker Mcpike: ''Is there any discussion? Being none, the
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STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
110th Legislative Day May 12# 1992
question ts, 'Shall tbis Bill pass?' All those in favor
vote 'aye'. Opposed vote 'no'. Have al1 voted? Have a11
voted who wish? The Clerk will take the record. On this
Bill, therefs ll5 'ayes', and no 'nays'. House Bill 3676,
having received the Constitutional Majority, is herebydeclared passed. (House Bi1l) 3686. Representative
Steczo. Read the Bill, Mr. Clerk.rr
Clerk O'Brien: nHouse Bill 3686, a Bill for an Act to amend the
Public Funds Investment Act. Third Reading of the Bill.''
Speaker Mcpike: ''Representative Steczo.''
Steczo: Thank you, Mr. Speakerz Members of the House. House Bill
3686 amends the Public Funds Investment Act, and it
authorizes municipalities to invest their public funds in
interest-bearing bonds of any county, township, other
municipality, municipal corporationp or school district,
provided that those bonds are reqistered in the name of the
municipality or held under a custodial agreement at a
financial institution. Presently, municipakities can
invest in a number of interest-bearing, interest-making
types of ventures, in corporate stocks, corporate bonds, et
cetera. This allows them one further option to be able to
invest and make money on . behalj of their taxpayers. I
Would answer any questions you might have and if not, would
ask for an affirmative vote, Mr. Speaker.''
Speaker Mcpike: ''And on the Gentlemanls Motionr Representative
Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
yield? Representative, 1...1 guess there's a questidn of
of safety of inkesting public funds of one governmental
entity in an offerin: by another governmental entity.
Don't you think perhaps there should be, and maybe it could
be amended in the Senate, that, you knoW, there should be
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Leoislative Day May l2: 1992
some rating or some restriction on the kinds ofo..of
negotiable instruments that one government miqht invest in.
mean, just don't see any underlying language, anyrestriction or any safeguard. Some of these may carry a
high yield, but the high yield generally is associated with
high risk, and 1...1 don't know it seems like it miqht only
make good sense to say that these bonds should be rated AA,
AAA, whatever. 1...1 just simply call that to yourattention and see if if you share my concerns or do you
think the safety is inherent in in the Bi11?''
Steczo: lMr. Black, just to respond to your question. You know,I think that unless this this pr...those that type of
pro...provision or safeguard may be, in fact, stipulated
some other place in the statutes. The language taken and
placed in this..othis area, and as you'll notice the other
areas where the public agencles may invest contain no such
restrictions. You know, allowing the ability of that..mof
that local aqency under, you know, prudent rule to be able
to invest and invest wisely. If you think, however, that
it would be in the best interest to be able to stipulate
some kind of safeguards, I'd be glad to consider that for
the Senate.''
Black: ''Well, 1...1 think: you know, if nothing else and correct
me if I'm misinterpreting this, but it would be possible,
at least 1...1, if 1'm reading this correctlyv a government
may put 40%, 50% or 60% of its funds or maybe even 100*
into this kind of an investment, and 1...1 really think you
should look in the Senate that perhaps these kinds of
investments should not exceed a certain percentage of its
invested funds. Because 1...1 would hate to think that a
school district would go out and invest in a municipal golf
course, for example, that might look attractive and pay a
142
STATE OF ILLINOIS87th GENERAL ASSEMBLY
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140th Legislative Day
high yield and they put 40% of
that and then that particular enterprise fails. So maybe
there should be some limit as to the percentage of invested
funds in this kind oi a...and hesitate to say
unrestricted, but at least from my yeading, it seems
somekhat unrestricted, and you may want to look at that in
the Senate.''
Steczo: shall do that.''
Speaker Mcpike: ''Representative Klemm.''
Klemm: ''Thank you, Mr. Speaker. 1...1 guess Io..that shared my
concern, too, but it seems that our investments that return
a higher yield albo has hiqher risk, and I would think, and
as the Sponsor had indicated, that appears as if a
percentage maximum perhaps would be the best order in this
case, of allowing them to do this, but with certain
limitations. Because obviously with the risk: with many of
these investors being part time and actually not even being
trained, think it would give us that extra measure of
safety if they could only go so much. So I do share thato''
Speaker Mcpike: ''Representative Steczo, to close.''
Steczo: ''Thank you, Mr. Speaker. Understanding that we wtll take
under advisement and work to chanqe those sections that
have been brought to our attention, would ask for a ryes'
V C Q' S * 1î
Speaker Mcpike: HThe question is 'Shall this Bill pass? Al1
those in favor vote 'aye'. Opposed vote, 'no'. Have a11
voted? Have all voted who wish? The Clerk will take the
record. On this Bill, there are ll4 'ayes', and no 'nays'.
House Blll 3686, having received the ConstiEutional
Majority, is hereby declared passed. House Bill 3725,
Representative McGuire. Read the Bill, Mr. Clerk. Take
the Bill out of the record. House Bill 3749,
May 12, 1992
their invested funds into
l43
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Representative Hartke. Read the Bill, Mr. Clerke''
Clerk O'Brien: ''House Bill 3749, a Bil1 for an Act concerning
natural' resource information. Third Reading of the 3ill.''
Speaker Mcpike: ''Representative Hartke.''
Hartke: ''Thank you very much, Mr. Speaker and Members of the
House. House Bill 3749 amends the Soil and Water
Conservation District Act, Section 22.2 This Bill has
had two Amendments on Tt removes most of the con
objectionable items by the Illinois Realtors. Tn effect,what it does, it designates the district shall be the
designated entity ior providing the natural resource
inlormation to various units of local government, and I ask
for your support and be happy to answer any questions.''
Speaker Mcpike: 'fAny discussion on the 3i1l'? Representative
Black.''
Black: ''Thank you very much, Mr. Speaker. Will the Sponsor
yield? Representativey there is there is considerable
opposition to this 3ill, as I'm sure you are aware, and
you've you've already mentioned that.''
Hartke: 'rWell I didn't say there wasn't. No.''
Black: ''No, understand that. 1...1 think the problem
particularly with Realtorsy home builders, et cetera is
that there is case law. Did theyo..did they call that to
your attention? That tt.l.it, you know, maybe my
colleague, Representative Wennlund, can help me, but it
looks like...'f
Hartke: ''Yes, yes they did. However, 1 asked...l asked the
question from the court's of course, Julie, 'who provides
this report now?' and...and the answer, think, she had to
give me was the soil and water conservation districts. And
so anything we say in this piece of legislation ts, is they
shall be the designated one and I ackêd her, lvhall we
l44
STATE OF ILLINOIS87th GENERAL ASSBMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTIQN DEBATE
140th Legislative Day May l2, 1992
designate the EPA?' And her answer was noy and so 1 Would
think that the soil and water conservation districts would
be the natural and this just says they shall be.''
Black: ''It would appear that the case that is cited, clearly
states that the soil and water district would not be the
appropriate entity and that, therefore, the decision
remains with the public. Now, I don't know how public is
defined either, but...''
Hartke: ''Well, I think werre asked to make public decisions here
and...and it would seem appropriate to me to have the soil
and water conservation district do this sort of a survey.
Theyfre natural resource designees; in the State ofIllinois natural resource guardians, why would we not have
them do this report, which deals with the natural resources
in an area. Theyw..they govern the land, the soil, protect
the land and soil, wildlife habitat, geology and everything
else. lt would just seem natural for me to have them bedesignated as the person who figures the report.''
Black: ''We11, you know 1...1 find it odd that my soil and water
conservation district did not contact me on this Bill. I I
assume that they contacted you.''
Hartke: ''Absolutelj and and and the soll and water conservationdistricts came to my with this piece of legislation and, as
you know, it vas much...much heavier than it is now. Welve
eliminated a lot of the objections that the Realtors had tothe 3i11# and so I think this a very watered down version
and is really acceptable.?
Black: ''How many entities can get involved ln ln one of these
filings on on a piece of property that you might want to
build a house on or something...lEpA gets involved, now
we're going to get sil and wter.''
Hartke: ''awell, the lllinoisy no, the Illinois Department of
l15
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Public Health or your local county health department would
get involved if you're building a house, especially if it's
in a nonincorporated area, simply because you may be
required to have your own well your own septic system and#
so forth. So then, the Department of Public Hea1th has to
go somewhere to see if the soil is suitable for saturation
and everything else and for aeration oé the septic system
and so this report would tell you. It would also tell you'
ii there are any endanqered species on the area where
there's wetlands. These are the things that the soil and
water conservation district naturally look into, and
so....although that's not designated in the Bill now that
these are the types of reports to put out, says that the
soil and water conservation district service shall be the
designated agency to file this report with those necessary
county agencies, such as the Department of Public Health
that need these reports. The zoning commission Would be
another that may need this report.''
Black: ''We1l, there...there also appears to be what I consider to
be a weakness in the Bill as drafted. If...if you, and
having had the pleasure of visiting you on your farm, if
you were to sell me, without benefit ot a Realtor? Iive
acres of land, and 1 would want to build a house on that
land, then there's no provision for this report, to be
passed on to me.''
Hartke: ''That was in that was in one of the..pin the original
Bill, Representative, and by the objection made by theRealtors, we deleted that in, think, Amendment 41 or #2.
They did not want that and so that was part of what the
soil and water conservation districts wanted in so that is
why it's watered down.''
Black: appreciate your time and your patience and don't
l46
STATE OF ILLINOIS87th GENERAL ASSEMBLY
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140th Legislative Day May 12, 1992
think : can convince you to take this out oi the record and
let us negotiate a little while longer, right?''
Hartke: ''Do you think it would help?''
Black: ''It might.''
Hartke: ''How much?r'
Black: ''It might help a whole lot.''
Speaker Mcpike: ''Mr. Hartke do you want to take this Bill out of
the record?''
Hartke: r'It looks like I might have to. Letls take it out of the
record.''
Speaker Mcpike: ''That certainly was a courageous stand. (House
Bi1l) 3750 is your next Bill, Mr. Hartke. Do you want to
take that out of the record before we put it in the record?
Read the Bill. Read the Bill, Mr. Clerk.ff
Clerk O'Brien: ''House Bill 3750, é Bill for an Act to amend the
Soil and Water Conservation District Act. Third Reading of
the Bill.''
Speaker Mcpike: ''Representative Hartke.''
Hartke: ''Thank you very much, Mr. Speaker. The last Bill, I
think, educated a lot of people on all the work that soil
and water conservation districts do in the State of
Illinois. Present law requires, or allows, the directors
of the soil and water conservation boérds, who sit and
direct the many jobs that are designated to the soil and
water conservation districts,a $20 a day compensation for
mileaqe and so forth. Most districts in the Sate of
Tllinois do not compensate their directors because they do
not have the money, but rather compensate them for possibly
mileage that they may travel to and from meetings. This
Bill will allow those soil and water conservation districts
who have contributions from the counties to up that per
diem to $100 per day. This is not a pay increase. lsimply
l47
STATE OF ILLINOIS87th GENERAL ASSEMBLY
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140th Legislative Day May l2, 1992
permissive and it could be used by those coùnties that
could aiford be happy to answer any questionsp''
Speaker Mcpike: ''On the Gentlema's Motion, Representative
Wennlund.''
Wennlund: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. Everybody in the House floor should know that this
is a pay increase from $20 a day to $100 a day for soil and
water conservation district directors. Now, if all 98 soil
a.nd water conservation boards in the state paid only $20,
it would amount to $177,600 a year. Now with this Bill,
the cost per month, for a board, at $100 each would be $500
bucks and the cost for 12 monthly meetings would be $6,000.
The total cost for a11 98 boards, if they all paid
themselves the $100 fee, would be $588,000 on a statewide
basis. Now the Department of Agriculture opposes this
Bill, particularly in light of the state budget crisis,
because it has the potential effect on qeneral revenue
funds. The money is appropriated to the Department of
Agriculture, who then turns around and reappropriates it
out to soil and water conservation districts. So we're
talklng about almost $600,000, in effect, on the general
revenue iund of the State of Illinois, which is why it's
proposed and...and in thig time in Illinois history when
the state is facing some of its worst fiscal crisis that it
:as ever faced in its entire history, now is not the timé
to be spendinq another $600,000 a year to give a pay
increase of $80 bucks a day to soil and water conservation
district directors. This Bill deserves to be defeated.''
Speaker Mcpike: ''Does anyone rise in support of this Bill?
Representative Robert Olson.l'
Olson: ''Mr. Speaker, will the SponGor yield?''
Speaker Mcpike: ''Yes.''
l48
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Olson: ''lfm not rising in support, by the way, Chuck. My notes
here say the Department of Agriculture opposes this Bill.i
Where did the impetus come? Who, who presented this Bill
Hartke: ''This Bill came from, again the soil and water
conservation district people. Bob, you and I both know
that many of those directors are very hard-working honest
farmers. They spend a lot of time and a 1ot of work
protecting the soils of the State of Illinois. I think the
Department of Aqriculture has done a dastardly deed by...by
putting out these figures. They know, and I know, and
everyone else should know, that the majority, the vast
majority, probably 95% of the soil and water conservationdistrict directors work on a volunteer basis. It is only
those counties in the Collar Counties and so forth, where
the county board supports soil and water conservation
because they're aware of the the problems of drainage and
so forth, that they compensate their board of directors
$20. lt is a hard job, and they work hard. This Bill isto allow them to compensate those directors properly. Many
of the downstate district directors for the soil and water
conservation district work for nothing. They absolutely
do. This is totally ludicrous to say that the Department
of Conservation puts out through the General Revenue Fund
or this 3i11 could cost some $500, $600,000, is totally
ludicrous. Most counties in the State of Illinoisp through
their county boards, donate more funds to the county...to
the soil and water conservation districts than do the State
of Illinois, and 1 think that if you want to defeat this
Bill, fine, but let's let's not ask the soil and water
conservation districts to protec: our soils ln the State of !i
Illinois and let's not dump any more mandates on them.'' III#
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STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May l2, 1992
Olson: ''Mr. Speaker, to the Bill, what Representative Hartke says
has a ring of truth in that's for certain, but
agriculture is industry, not unlike other industries and
entities in this state, where volunteers do appear and
willingly serve. think a1l people who are designated as
employees of soil and water conservation districts are
amply rewarded in salary. To volunteer for a board is no
different than volunteering for a school board, other
boards that serve other entities, and I think this is justat the wrong time in the history of the state, raising a
fiscal matter, where there's not really a need at this
hour. don't think there's a lack of volunteers to serve
on these boards. If someone resigns, there's always
someone to step forward and fill in, and I would urge
careful consideration of this Bill. Thank youo''
Speaker Mcpike: ''Representative Ropp.''
Ropp: ''Thank you, Mr. Speaker. like to ask the Sponsor a
question or two.''
Speaker Mcpike: HYes, proceed, proceed.''
Ropp: 'fRepresentative, you kindly indicate that soil is rather
important. Is
that correct or not correct?''
Hartke: ''Oh,I'm not gonna for soil..
Ropp: ''No, soil, did you say soil wasn't very important?''
Hartke: ''No, 1...1 didn't say that, Gordy. Soil is very
important.''
Ropp: ''We11, I'm trying to help you out on your Bill, really.
mean, that's more than I can recall you doing occasionally.
No, really this doesn't say that we/re going to give
everybody $100 more, does it?''
Hartke: ''Absolutely no. That's what's so ludicrous about the
position paper from the Department of Agriculture. This
l50
STATE OF ILLINOIS87th GENERAL ASSEMBLXHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE .
I
140th Legislative Day May l2, 1992
is...totally permissive.'' !!
Ropp: ''Okay I guess I would almost say that probably every
Legislator here, probably on our salaries, makes more than
$100 a day. Do they not?f'
Hartke: ''I Would guess so, yes.''
Ropp: 'rAnd it seems like these gentlemen who volunteer, who
traditionally, apparently, don't even ask for the $20. As
I understand it, less than a fourth of them, even take the
$20.:1
Hartke: ''That's right. Many of them not even the mileaqe that it
takes to get there.''
Ropp: ''So# what you're really asking, which I really think is
almost excessive, 1...1 really don't think you ought to ask
for $100 because it looks like the percentage increase is
higher than what is normal. To me, we've seen these
fellows operate for years and years, at almost no cost at
all, and then to almost go from nothing up to a hundred, is
more than this Body normally would accept. I would think
that you might want to consider pulling this back and maybe
raising it to $40 or $50, which would be a little bit more
than...''
Hartke: ''Do you really think that would make a difference?''
Ropp: ''Pardon?''
Hartke: ''Do you really think that would make a difference?''
Ropp: 'fWellp 1, it would be for me. I just, I think people ingeneral, we've passed legislation already that allows for
other groups to incr.ease rather substantially that even get
more than $100 a day and certainly those who are dealing
wiEh the conservation of our...one of our most natural and
cherished possessions here in the state, soil, as well as a
wise use of water, certainly would be worth that. And I .
think for: even thouqh we're on tight financial situation,
l5l
STATE OF ILLINOIS' 87th GENERAL ASSEMBLY
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140th Legislative Day ' May l2: 1992
it seemed to me like farmers should not be asked to work i
for nothing either and so you miqht want to consider that.'' '1Speaker Mcpike: ''Representative Hartke, to close. The questions, I
is 'Shall this Bill pass?'' A11 those in favor vote 'aye'.
Opposed vote 'no'. Have al1 votèd? Havç a1l voted who
wish? Have a11 voted who wish? The Clerk will take the
record. On this Bill there are 10 'ayesf and 97 'noes'.
House Bill 3750, having failed to receive a Constitutional
Majority, is hereby declared lost. The Chair is not ready
to adjourn, but tbe Chair did want to remind everyone, onyour desk is a schedule that points out that the House
group picture will be taken tomorrow morning at 9:00 a.m.
At 9:00 a.m. when we go in Session. So if you want to be
in the picture, be here at 9:00 a.m. tomorrow. House 5ill
3773, Representative Hasara. Read the Bill, Mr. Clerk.''
Clerk O'Brien: ''House 3i11 3773, a Bill for an Act to amend the
Abandoned Mined Land and Water Reclamation Act. Third
e Reading of the Bil1.''
Speaker Mcpike: 'fRepresentative Hasara.''
Hasara: ''Thank you, Mr. Speaker. This Bill amends the Abandoned
Mined Lands and Water Reclamation Act to permit the
Reclamation Council to reclaim land that's become newly
eligible under federal law. It's all federal money, paid
for by the coal compan#es. I move for lts adoption.''
Speaker Mcpike: ''Any discussion? The question is, 'Shall this
Bill pass?' All those in favor vote 'aye'. Opposed vote
'no'. Have a1l voted? Have all voted who wish? The Clerk
will take the record. On this Bill there are 116 'ayes',
and 0 'nays'. House Bill 3773, having received the
Constitutional Majority, is hereby declared passed. House
Bill 3824, Representative Ropp. Mr. Clerk, read the Bill.H
Clerk OlBrien: rfHouse Bill 3821, a Bill for an Act to amend the
1
152
STATE OF ILLINOIS87th GENERAL ASSEMBL;
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
Counties Code. Third
May l2, 1992
Readin: of the Bil1.'f
Speaker Mcpike: ''Representative Ropp.''
Ropp: HThank you: Mr. Speaker, Members of the House. House Bill
3824 allows the county board to provide, by ordinance, that
a person charged with violating a county ordinance may
plead guilty to the charged violation and pay the fine and
costs specified for the offense, without having to appear
in court. Currently, the current 1aw states that anyone
who is violatin: this particular ordinance must a/pear incourt. We're attempting to relieve that provision that
they must appear in court, assumin: they just pay the fine.Urge your favorable support.''
Speaker Mcpike: ''And on that, Representative Klemm.''
Klemm: ''Thank you, Mr. Speaker. Will the Sponsor yield?''
Speaker Mcpike: ''Yes.''
Klemm: 'FRepresentative Ropp, will the person vho pleads guilty,
will they waive then, under their agreement. any reason for
a trial or a hearing before the court?''
Ropp: ''It would certainly seem reasonable that that would occur.
Yeso'
Klemm: ''Does the Bill require that?''
Ropp: f'I don't have the Bill right in front of me, but that's my
intent.''
Klemm: ''A11 right, fine if that's your intent, because I think it
would be important that they do waive that, otherwise they
can come back at the county and maybe cause some problems.
So : do support it with those changes.''
Ropp: ''Thank you very much. I'd be happy to answer any other
questions or move for your support.''
Speaker Mcpike: ''Representative Ropp: to close.f'
Ropp: ''Mr. Speakerr just ask for a favorable vote.''Speaker Mcpike: 'rnepresentative Lang, did you wish to talk on
l53
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
i
140th Legislative Day May l2, 1992
this? I'm sorry. No. The question is 'Shall this Bill
pass?' All those in favor vote 'aye'. Opposed vote fnof.
Have all voted?''. Have a1l voted who wish? Have a11 voted
who wish? The Clerk will take the record. On this Bill,
there are l10 'ayes', and 0 'nays'. House Bill 3824,
having received the Constitutional Majority, is hereby
declared passed. Page 32 of the Calendar. House Bill
3456, Representative Keane. Mr. Keane it's your Bill.
Your request is to bring this back to Second Reading for
purposes of an Amendment?''
Keane: 'Q believe this is Representative Steczo's Bil1.''
Speaker Mcpike: ''Mr. Steczo.''
Steczo: ''Thank you, Mr. Speaker. :'d ask leave to bring House
Bill 3456 back to the Order pf Second Reading for the
purposes of an Amendment, please?''
Speaker Mcpike: ''The Gentleman asks leave to return the Bill to
Second Reading. The Bill is on Second Reading. Mr. Clerk,
are there any Amendments?''
Clerk O'Brien: ''Floor Amendment #1, offered by Representative
Keaneol'
Speaker Mcpike: ''Representative Keane.l'
Keane: ''Thank you, Mr. Speaker. When this Bill was on Second
before, there was some concern regarding the hold harmless
language. This Amendment does nothing but clarify that as
specifically as possible. I move its adoption.''
Speaker Mcpike: ''The Gentleman moves for the adoption of
Amendment #4. A11 in favor say 'aye'. Opposed, 'no'. The
'ayes' have it. The Amendment is adopted. Further
Amendments?''
Clerk O'Brien: HNo further Amendments.''
Speaker Mcpike: ''Third Reading. Agreed Resolutions.'l
Clerk O'Brien: ''House Resolution 1914, offered by Representative
l54
' jI:
'' I
STATE OF ILLINOIS87th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day May 12, 1992
Obrzut; 1916, J. Hoffman; 1917, Ryder; 19809 (sic) :
McAfee; 1919, McGann; 1920, Jobnson; 1921, Matijevich;1922, Delaeqher; 1923, Delaegher; 1924, Delaegher; 1925,
Delaegherl 1926, Delaegher; 1927, Delaegher; 1928, Noland;
1929, Black; 1930, Johnson; 1931, Shaw) 1932, Capparellt;
and 1933, Shirley Jones.''
Speaker Mcpike: nRepresentative Matijevich?ff
Matijevich: ''Speaker, we've examined the Resolutions. I move theadoption of the Agreed Resolutionso''
Speaker Mcpike: ''Gentleman moves the adoption oi the Agreed
Resolutions. All in favor say fayer. Opposed, 'no'. The
'ayes' have it. The Agreed Resolutions are adopted.
General Resolutions.''
Clerk O'Brien: ''House Resolution 1915, offered by Representative
Daniels.''
Speaker Mcpike: ''Representative, the Committee on Assignment.
lntroduction, First Reading.''
Clerk O'Brien: ''House 3ill 4206, ofiered by Representative
Curran, a Bill for an Act to amend the :llinois Pension
Code. First Reading of the Bill. House Bill 4207, offered
by Representative Curran, a Bill for an Act to amend the
Illinois Pension Code. First Reading of the Bill.''
Speaker Mcpike: ''Rules Committee. Any announcements?
Representative Kubik on an announcement.'r
Kubik: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the
House. Just for the purposes oi an announcement, earlier
today, Representative Stange was not recognized as being
excused. He was excused. We apologize for the slip-up.
So Representative Stange was excused today.fr
Speaker Mcpike: '!All rijht. Thank you. Mr. Clerk, Mr. Lan:should not be on the Attendance Roll Call. What'd 1' say?
T'm sorry. Representative Stange. Stange. Al1 right
155
STATE OF ILLINOIS87th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
140th Legislative Day
pictures will be taken at 9:00 a.m.
May l2, 1992
Represenkative
Matijevich now moves that the House stand adjourned untiltomorrow at the hour oi 9:00 a.m. Al1 in favor say 'ayef.
Opposed, 'no'.
adjourned.''
The 'ayes' have The House stands
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REPORT z T IFLDAY STATE 0F ILL INOIS 92 /09/29PAGE I O0t 871'H GENERAL AGSEMBLY 09 :n2 :0/+
HOUS6 0F REPRESENTNT IRFSD4I L Y TRANSCR IP TIOIQ OF DE8A'I'F IMDEX
M & Y 1 2 * 1 99 2
HB-0600 SECOND READ ING PAGE 22118-0825 SECONO RFAD ING PAGE 22HB-082 5 OUT OF RECORD PAGE 2 3 (HB- :04.2 XECOND READING PAGE *HB- 14.95 THI RD READING PAGE t 1 288-222 5 SECOND REAOING PAGE 1388-2225 FIELD 0N SECOND PAGE 1 3
9 l88-2853 THIRD READI NG PAGE t0I
88*2681 SECOND READING PAGE *0 I68-2697 SECOND READING PAGE 62H3-2697 0UT OF RECORD PAGE 6&HB-2T23 SECOND READING PAGE 57HB-2T&1 SECOND READING PAGE 54H:-2750 SECOND READING PAGE *7H8-2787 SECOND READING PAGE 48H8-2770 THIRD READING PAGE t00HB-27TO 0UT 0F REEORO PAGE l00H8-2803 SECOND REAOING PAGF 40HB-28t2 S6COND READING PAGE 18HB-28t2 RECALLED PAGE 81H8-2833 SECOND READING PAGE 8*H8-283* SECOND READING PAGE 84H8-28$7 THIRD RfADING PAGF ë13H8-2865 SECOND READING PAGF 55H8-288$ SECOND REAOING PAGE 55H8-288* 0UT CF REEORO PAGE 55H8-2809 SECONO READING PAGE 62H8-2889 HELD 0N SECOND PAGE 63 jH8-2902 SECOND READING PAGE 63 ;HB-29O2 HELD 0* SECOND PAGE 83 l98-2903 SECOND READING P4G6 26 188-2945 THIRD REAOING PAGE tt3 'H8-2958 THIRD READING PAGE 123H8-2982 SFCOND READING PAGE 5:H8-2982 RECALLED PAGE 5tH3-2987 SECOND READING PAGE 38H8-2989 SECOND READING PAGE 55 jlHB-3000 SECOND RFADTNG P4GE *0 I
1HB- 3000 0UT 0F RECORD PAGE *1HB-3005 SECOND READING PAGE ltHB-3005 0UT OF RECORD PAGE ldH:-3006 SECOND READING PAGE 12HB-30t3 SECOND READING PAGE 56 IHB-302n SECOND REAOING PAGE 75HB-3030 THIRD READING PAGE 123HB-303e SECOND READING PAGE 63H8-3G38 SECONO REAOING PAGE 56HB-30#3 SECOND ZEADING PAGE 48HB-305T SECOND READING PAGE 21HB-3065 SECOND RE49ING PAGE 5HB-306& SECOND READING PAGE 23HB- 3066 0UT 0F RECORD PAGF 23H8-3067 SECOND READING PAGE 23 -H8-3073 SECOND READING PAGE 8HB-30T9 SECOND REAOING PAGF &tH8-3096 SECOND READING PAGE 57H8-3098 56C0ND REAOING PAGE 5288-3098 0UT 5F RECORD PAGF 52HB-3l0& THIRD REâDING PAGF l25HB-3105 THIRD READING PAGE L26HB-3110 SEEOND READING PAGE 9HB-3110 0UT 0F RECORD PAGE 9HB-313* THIRD READING PAGE 129H8-3135 SECOND READING PAGE 12
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REPORTI TIFLDAY STàTF UF ILLINOES 92/09/29PAGE: 0O2 87TH GENERAL ASSEMBLY 0910?zOV
HOUSO OF RFPRESENTATIVEXOAILY TRANSCRIPTIQN OF OEBATE I&DFX l
ZAY 12* 1992
H3-3136 S6COND REAOING PAGE 12
HB-313T SECOND REAOING PAGE 12 IHB- 31*9 THIRO READING PAGE 93 iHB-3l50 SECOND R6AOING PAGE 6 IHB-3t50 0UT OF RECOR: PAGE 6 jR8-3153 T8IR9 READING PAGE t3O 'HB-3t6G SECOND READING PAGF 85HB-3164 3ECOND READING PAGE 85HB-3l6* 0UT GF RECORD PAGE 8588-3175 GEEOND READING PAGE 12HB-3t9t THIRD READING PAGE 1318:-3197 SECONO REAOING PAGE 25RB-32tc 'PHfRD READING PAGE l32H8-3230 DISCUSSED PAG6 *2H8-3247 THIRD RSADING PAGE 1D488-3251 SECOND REAOING PAGE 988-3252 SECOND READING PAGE 25H8-325* SECONO REAOING PAGE 63H8-325* H6LD ON SECOND PAGE 83HB-328t THIRD READING PAGE l00H:-3262 NECOND READING PAGE 1488-3285 SECONO REJOING PAGE 13 i18-3290 SECOND READING PAGE *8 IHB-33t0 SECONO R6AOING PAGE 78 I88-3315 SEEOND RE&DING PAGE 1* lH8-3323 SECONO REZDING PAGE 39 i68-3326 ZECOND READING PAGE 58H8-3326 0UT 0F RECORD PAGE 58
- 3351 GECOND REAOING PAGE 88 lHB I
H;-3360 S6C0ND READING PAGE 58H:-3360 0UT OF RECORO PAGE 58 IH8-3373 RFCALLED PAGE 9#88-3373 THIRD REAOING PAGE 9*H8-3373 0UT OF REEOR: PAGE 95 )88-3379 THIRD REAOING PAGE l35 I
1H8- 3380 SECOND READING PAGE 89 1
H8-3380 0UT 0F RECORD PAGE 91 1H8-331* THIRD READING PAGE 95 IH3-3:06 :6E0ND RFAOING PAGE 41 iR6-3417 THIRD READING PAGY L3688-3*22 SECOND R64DfNG PAGE 33R8-3423 SECOND READING PAGE :9 1H8-3423 0UT OF R6CORD PAGE 49 j88- 3432 SECOND READING PAGE 52 IHB-3G34 SECOND READING PAGE 59 !H8-3*5& RECALLED PAGE t5* lH8-3479 SECONO READING PAGE &* iH8-3$79 OUT OF R6COR0 PAG6 6* jlH8-3*65 THIRD READING PAGS L37 1
iH8-3*87 SECONO REAOING PAGE 9I
H8-3516 THIRD READING PAGE t38 IH3- 356: SECONO READING PAGE 84 iH8-3568 36E0N9 READING PAGE 2*H8-3585 S6EON0 READING PAGE 9%R8-3587 SECOND RENDING PAGE 6%H8-3588 SECGNû READING PAGF 49 118-3591 SFCOND REAOENG PAGE 6 jlH8-3623 SECOND READING PAGE 61 1HB-3662 THIRD RFADING PAGE l3@ 1
IH8- 3882 0UT OF RECORD PAGE 139 1
H8-3673 SEEON: REAOING PAGE 5988-3673 0UT OF RECORD PAGE 60HB-3&T5 THIRO READING PAGE 1#OH8-3676 THIRD RVADING PAGE 14G
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REPORTI TIFLOAY STATE OF ILLINOIS 92/09/29PAGEZ B03 87TH SEQERAE AZSEMBLY 09102:0:
HQUSE OF REPR6SENTATIVFS 'DAILY TRANSCRIPTION 0F OEBATE INDéK !
Mâ# 12* 1992
88-3686 THIRD READING PAGE l#t IH8-3682 SFCOND READING PAGE 85
ADING PAGE 25 188-3689 SEESND REH8-37t6 THIRD REàDING PAGE 97 j'HB-3216 0UT OF RECORD PAGE 91 1HB-374t SECOND R6zO1àG PAGE 79 i85-3749 THIRD READING PAGE t#* IHB-3Y*9 0UT OF RECORD PAGE 1#; IH8-3750 THIRD REàDING PAGE 1*7 IHB-3TT3 THIRO READING PAGF t52H3-3781 SECOND READING PAGE 23 !HB-378t 0UT 0P RECORD PAGF 2* IH8-3785 THIRD RE&DING PAGE l02 IHB-3T87 SECONO REJDING PAGE 60H8-3796 SECOND READING PAGE 86 !H8-3799 SECOND READIQG PAGE 61 !H8-3813 SECOND READING PAGE 6* !H8-362* THIRO READJNG PAGE l53H8-3832 SECSND READING PAGE 15 !HB-385# SECONU READING PAGE 86 !H8-3856 SECOND READING PAGE 2688-3886 THIRD READTNG PAGE 9:H8-3886 0UT OF RECORD PAGE 98 !H8-3892 SECOND READING P4G6 10H8-3908 SECOND READfNG PâGG 87
I88-3911 SECOND READING PAGE 61H8-3965 SECOND READIQG PAGE 87 188-3965 0UT 0F RECORO PâG6 8T IHB-&0O5 SECOND READING PAGE 65HB-4005 SECOND READING PAGE 80 1HB-*005 HELD ON SECOND PAGE 65 IHB-*006 SEEOND READING PAGE 80 'HB-G0D9 6EC0N0 REJDING PAGE *2HB-401D SECONO RFAOING PAGE ?%HB-&028 S6COND READING PAGE 61HB-4G49 SECOND READING PAGE #aH8-4056 THIRD READING PAGE 98HB-#056 0UT 0F RECORD PAGF 99HB-*O57 SECOND READING PAGE 8THB-*058 SECOND REâDING PzGf 16HB-&O59 SECSND READING PAGE *2HB-*t0t SECOND READING PAGE 5:HB-#tOt 0UT 0F RECORD PAGE 51H:-*t05 THIRO READING PAGE t0&H3-#160 SECOND READING PAGE 65HB-&t62 SECOND READING PAGE 66HB-ç183 SECOND REAOING PAGW 87HB-*l66 SECGND READING PAGE 13HB-4170 SECONU READING PAGE 13H;-AITQ SECOND READING PAGE 38HB-GITQ HELD DN SECOND PAGE 13HB-*t7O HELD && SEESND PAGE 38H3-*206 FIRST MEADING PAGE i55HB-#2G7 FIRST READING PAGE l55
*HJR-OtO7 DISCUSGEO PâGf 2
SUBJECT MATTER
HOUSE T0 ORDER - SPEAK6R MCPIKE P4GE 1PRAYER - GATHER MICHAEL MULLINK PAGE kPLEDGE OF ALLEGIANCF PAGE 1ROLL CALL FOR ATTENDNNCE PAGE lREPRESENTATIVE LAURINO IN THE CHAIR PAGE 25REPRFSENTATIVE MCRIKF IN THE CH&IR PAGE #0
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REPORT: TIFLDAY STATE 0F ILLINOIS 92/:9/29PAGE: 00# 87TH GENERAL ASSEMBLY 09:02:04
HOUSE 0F REPRESENTATIVES !DAILY TRNNSCRIPTION DF DEBATE INDFK
MàY t2* :992
SUBJECT MATTER
SPEAKFR MADIGAN 1* THE CHAIR PAGE 58REPRESENTATIVE SATTERTHHAITE IN THE CHNIR PAGE 88
91 1CONSENT CàLENDAR - THIRD REIDING PAGEREPRESENTATIVE LAURINO IN THE CHàI2 P4G6 1Ol
àNE IN THE CHAIR PAGE 123 1REPRESENTATIVE KEREPRESENTàTIVF MCPIKO IN THE CHAIR PAG; l#0AGREED RESOLUTIONS PAGE 151 1
,GENERAL RESOLUTIONS PAGE 155ADJOURNMENT PAGE t5ô
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